SC issues notice to Bengal Guv’s Secy, Home Ministry post state’s petition

MP, 27 July 2024, Kolkata: The Supreme Court is learnt to have issued a notice on Friday to the secretary, Governor of West Bengal and the Ministry of Home Affairs following the state government’s writ petition alleging that the Governor is withholding eight Bills relating to University Laws sent to him for assent. 

The Bengal government had contended that Governor C V Ananda Bose’s refusal to give assent without stating any reason is contrary to Article 200 of the Constitution. It was learnt that the apex court bench led by CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra agreed to consider the matter and allowed the petitioner to implead Union through the Ministry of Home Affairs. “Issue notice to the 1st and the newly impleaded 3rd Respondent (Secretary of the Honourable Governor of West Bengal and Union through Ministry of Home Affairs).” 

Senior Advocate Jaideep Gupta, appearing for the state of Bengal, informed the bench that the Governor’s office conveyed that few of the Bills have been reserved for President’s consideration but there was no official confirmation on this yet. 

This came after the state communicated a notice of mentioning the present matter before the Court. Another Senior Advocate Abhishek Manu Singhvi, also appearing for the state, referred to the instance of the Governor of Tamil Nadu clearing certain Bills only after the apex court took cognisance of the matter in the petition filed by the state government. 

The Bengal government in its plea submitted that the Governor’s omission threatened to “defeat and subvert” democratic good governance and infringed upon the rights of the people of the state to the welfare measures sought to be implemented through the bills. The first six Bills were sent for assent when Jagdeep Dhankhar was the Governor. 

The last two bills were passed after C V Ananda Bose took charge as Governor. The state government also referred to the direction of the Supreme Court in the case of Telangana Governor where it said Governors should return the Bills as soon as possible in terms of the mandate of Article 200. 

Reference was also made to the direction passed in the case against the Punjab governor which states that governors cannot veto the legislature by simply sitting over the bills. 

According to the state, the following eight Bills pending with the Governor are: The West Bengal Private University Laws (Amendment) Bill, 2022 passed on 14.06.2022, The West Bengal Krishi Viswavidyalaya Laws (Second Amendment) Bill, 2022 passed on 17.06.2022, The West Bengal University of Health Sciences (Amendment) Bill, 2022 passed on 21.06.2022, The Aliah University (Amendment) Bill, 2022 passed on 23.06.2022, The West Bengal Town and Country (Planning and Development) (Amendment) Bill, 2023 passed on 28.07.2023, and The West Bengal University Laws (Amendment) Bill, 2023 passed on 04.08.2023. 

https://www.millenniumpost.in/bengal/sc-issues-notice-to-bengal-guvs-secy-home-ministry-post-states-petition-573369