SC Seeks West Bengal Governor’s Response to PIL Alleging Inaction on Bill Assent

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The Supreme Court seeks a response from the West Bengal Governor regarding a Public Interest Litigation (PIL) alleging inaction on his part concerning the assent to bills. The PIL asserts that the Governor has not taken action on bills passed by the state legislature within the stipulated time frame.

NEW DELHI: Today (April 22): The Supreme Court issued a notice to West Bengal Governor CV Ananda Bose in response to a public interest litigation (PIL) claiming his alleged inaction in assenting to bills passed by the State Assembly. The matter followed a series of litigations involving governors’ inaction in states not governed by the Bharatiya Janata Party (BJP).

The Court urged Governors to fulfill their duty under Article 200 of the Constitution and promptly clear bills passed by state legislatures. Telangana, Punjab, Tamil Nadu, and Kerala have also approached the apex court seeking directions to Governors who have delayed assent to key bills.

The Supreme Court has taken cognizance of a PIL filed against West Bengal Governor CV Ananda Bose. Chief Justice of India DY Chandrachud and Justice JB Pardiwala presided over the Bench that issued a notice on the plea, with the hearing scheduled to take place in four weeks.

In April 2023, the apex court had already expressed concern over the delay in assenting to bills passed by state legislatures and called upon Governors to adhere to their constitutional obligation under Article 200. This provision mandates Governors to promptly clear bills “as soon as possible.”

Telangana was among the states that approached the Supreme Court seeking directions to then-Governor Tamilisai Soundararajan to provide her assent to ten crucial bills passed by the State legislature. Similar pleas were filed by the governments of Punjab, Tamil Nadu, and Kerala.

On November 10, 2023, the Supreme Court took exception to Tamil Nadu Governor RN Ravi’s refusal to give assent to 12 bills passed by the State legislature. The Court’s decision in the Punjab government’s case on November 23, 2023, established that governors are symbolic heads of state and cannot impede the lawmaking powers of legislatures.

[Case Title: Sayan Mukherjee v. State of West Bengal]

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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