On July 26, the Supreme Court issued notices to the Secretary to the Governor of West Bengal. Also, the Union Home Ministry. This is in response to the West Bengal Government’s challenge against the Governor’s refusal of bill assent of eight bills related to university laws. The bench is led by Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra. They agreed to hear the matter and allowed the petitioner to include the 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),” the Court ordered.
Arguments
The State of West Bengal observed through a writ petition filed under Article 32. They argued that the Governor’s refusal to bill assent without providing any reasons violates Article 200 of the Constitution. Senior Advocate Jaideep Gupta, represented West Bengal, informed the bench that the State notified the Court about the matter. The Governor’s office claimed some bills were reserved for the President’s consideration. No official confirmation was provided.
Senior Advocate Abhishek Manu Singhvi highlighted a similar issue in Tamil Nadu. The Governor cleared bills only after the Supreme Court intervened. He remarked, “This is now becoming a practice. In the Tamil Nadu matter, I filed a petition, and the moment the matter is listed, two bills are cleared.”
Senior Advocate KK Venugopal, appearing in a related case involving Kerala, added that referring bills to the President is often a tactic to avoid cooperation with State Governments. He called this a “very unfortunate state of affairs.”
Observation
West Bengal’s plea asserted that the Governor’s inaction threatens to undermine democratic governance and the welfare measures intended through the bills. The first six bills were sent for assent when Jagdeep Dhankhar was the Governor, and the last two under the current Governor, CV Ananda Bose.
The State cited previous Supreme Court rulings directing Governors to return bills promptly and criticized the Governors of Tamil Nadu and Kerala for similar delays.
The pending bills awaiting the Governor’s assent include:
- 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
- The West Bengal University Laws (Amendment) Bill, 2023
The Supreme Court has scheduled the matter for further hearing at a later date.
