The Mamata Banerjee government in West Bengal on Friday, July 12, moved the Supreme Court against Governor CV Ananda Bose, alleging her for withholding assent to as many as eight bills. The state government has alleged that the delay is affecting the welfare of residents of West Bengal for whom the bills were passed.
The plea further stated that the denial of assent without assigning any reason to the bills passed by the assembly was contrary to Article 200 of the Constitution.
Advocate Astha Sharma, appearing for the West Bengal government, urged the honourable court to list the plea, filed in April, for an urgent hearing.
The bench, comprising Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra, took note of Advocate Sharma's submissions and agreed to consider an early hearing.
The petition claims that eight bills passed since 2022 have been left without any action, making the State Assembly’s efforts ineffective.
In its plea, the state government said the denial of assent without assigning any reason to the bills passed by the assembly was contrary to Article 200 of the Constitution.
The Article provides for the process for a bill passed by the assembly of a state to be presented to the governor for assent. The governor may either assent or withhold assent or reserve the bill for consideration by the President.
"When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President," reads Article 200.
The bills, which are awaiting consent of the governor, are the West Bengal University Laws (Amendment) Bill, the West Bengal University of Animal and Fishery Sciences(Amendment) Bill, the West Bengal Private University Laws (Amendment) Bill, the West Bengal Krishi Viswavidyalaya Laws, the West Bengal University of Health Sciences (Amendment) Bill, the Aliah University (Amendment) Bill.
These were passed by the state assembly in 2022.
The West Bengal Town and Country (Planning and Development) (Amendment) Bill was passed in 2023.
Some bills, pending assent, pertain to the time when Jagdeep Dhankhar, the present vice president, was the governor of the state.
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