New Delhi [India], July 12 (ANI): West Bengal government has moved the Supreme Court against Governor CV Ananda Bose for withholding assent to eight bills. The state government has argued that withholding assent is affecting the welfare of residents of West Bengal for whom the bills were passed.
The plea was mentioned before the Supreme Court on Friday for an urgent listing and Chief Justice of India Chandrachud agreed to consider the plea for early hearing.
The plea was mentioned by Advocate Astha Sharma, who filed the petition for West Bengal government.
“The conduct of the Governor, not only threatens to defeat and subvert the very fundamentals and basic foundation of our Constitution, including the rule of law and democratic good governance, but further proceeds to infringe upon the rights of the people of the State to the welfare measures sought to be implemented through the bills, thereby leading to the state failing in its duties as the parens patriae,” the petitioner said.
The petition said that the eight bills passed since 2022, have been kept in limbo without any action thereby rendering the actions of the State Legislature otiose, and in turn directly affecting the residents of the State of West Bengal, for whose welfare the Bills were passed, and thereby creating an Unconstitutional state of affairs by the Constitutional post itself.
“The petitioner is constrained to move this Court invoking its extraordinary jurisdiction under Article 32, Constitution of India, aggrieved by the constitutional crises created by the acts of omissions and commissions of the Governor, State of West Bengal with regard to as many as 8 Key Bills, for which assent under Article 200 of the Constitution of India has been withheld, for no reason and de hors the Constitutional mandate,” the petition said.
West Bengal said that it is constrained to move the Court invoking its extraordinary jurisdiction under Article 32, Constitution of India, aggrieved by the constitutional crises created by the acts of omissions and commissions of the Governor, State of West Bengal, with regard to as many as 8 key bills, for which assent under Article 200 of the Constitution of India has been withheld, for no reason and de hors the constitutional mandate.
The petitioner urged the top court to declare that the inaction, omission, delay and failure to comply with the constitutional mandate by the Governor of West Bengal, CV Ananda BBose, through its Secretary/ Respondent No 1, qua the consideration and assent of the Bills passed and forwarded by the State Legislature to him and the non-consideration of files, Government orders and policies forwarded by the State Government for his signature is unconstitutional, illegal, arbitrary, unreasonable besides malafide exercise of power.
The petitioner sought to issue appropriate direction to Governor of West Bengal through its Secretary to dispose of all the Bills, files, Government orders forwarded by the State Legislative Assembly and Government which are pending with his office within a specified timeframe.
The petitioner sought to issue direction to lay down guidelines stipulating the outer time limit for the Governor of West Bengal to consider Bills passed by the Legislature and sent for assent qua Article-200 of the Constitution of India in light of the recommendations of the Sarkaria Commission.
West Bengal Government also sought to issue directions for laying down guidelines stipulating the outer time limit for the Governor of West Bengal to consider files, policies, Government orders sent for signature in discharge of his constitutional functions.
The State Legislature deliberated upon the provisions of 8 Bills, passed and forwarded the same to the Office of the Governor. They continue to lie dormant with the office of the Governor despite the lapse of considerable time, the petitioner inforrmed the top court.
A Governor who is a Constitutional Functionary but acts in gross disregard and violations of the provisions of the self-same Constitution, cannot be said to be functioning in discharge of his duties as the Governor, through either his actions or inactions, the state government said. It further submitted, that no part of the powers and duties of the office of the Governor provides for him to refuse to deal with Bills pending, in this case, for almost 2 (two) years, while at the same time, granting assent to other bills.
The eight bills are the West Bengal University Laws (Amendment) Bill, 2022, The West Bengal University of Animal and Fishery Sciences (Amendment) Bill, 2022, the West Bengal Private University Laws (Amendment) Bill, 2022, the West Bengal Krishi Viswavidyalaya Laws (Second Amendment) Bill, 2022, the West Bengal University of Health Sciences (Amendment) Bill, 2022, the Aliah University (Amendment) Bill, 2022, the West Bengal Town and Country (Planning and Development) (Amendment) Bill, 2023, and the West Bengal University Laws (Amendment) Bill, 2023. (ANI)
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