Mamata government says Governor sitting on bills, moves SC

NEW DELHI: Amid rift with the Governor, the West Bengal government on Friday filed a writ petition in the Supreme Court against the former for withholding assent to eight bills.

The petition, which was filed under Article 32 before the top court, said the Governor’s refusal to give assent to the bills without stating any reason was in direct contravention to the mandate of Article 200 of the Constitution.

Astha Sharma, the lawyer appearing for the West Bengal state, mentioned the petition before Chief Justice of India DY Chandrachud for urgent listing. The CJI agreed to consider the request, although he did not give any particular date for hearing the case.

Despite the Governor being aware of the decisions of this court in similar circumstances for the states of Telangana and Punjab, still several crucial Bills have been lying dormant with the Governor since 2022, the State government’s plea said.

It cited that the apex court had passed several directions in the case against Telangana Governor that Governors should return the bills as soon as possible in terms of the mandate of Article 200.

Reference is also made to the direction passed in the case against the Punjab Governor that Governors cannot veto the legislature by simply sitting over the bills.

“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 plea added.

The plea of the Bengal government said that once the bills have been passed by a majority in the State Legislative Assembly, the Governor is required to act within the scheme of the Constitution.

“The conduct of the Governor, not only threatens to defeat and subvert the very fundamentals and basic foundation of our Constitution. It also defeats the purpose, including the rule of law and democratic good governance. This kind of act further proceeds to infringe upon the rights of the people of the State to the welfare measures sought to be implemented through the bills,” the plea said.

Also in top court

PIL seeking Hathras probe by expert panel nixed

The Supreme Court on Friday refused to entertain a PIL seeking a probe into the Hathras stampede that left 121 dead, and asked the petitioner to move the Allahabad High Court. A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra said such incidents are ‘disturbing’ but the high courts are equipped to deal with such cases. “Of course, these are disturbing incidents. This (filing of PIL) is usually done here to make a big deal of such incidents. The high court is equipped to deal with this case. Dismissed,” it said.