The Supreme Court on Monday said that the constitutional functionaries like the Governor must bear in mind the expression "as soon as possible" appearing in Article 200(1) of the Constitution to decide on the bills sent for assent.
A bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha said the word "as soon as possible" has a significant constitutional intent and must be borne in mind by constitutional functionaries.
“The first proviso of the Article 200 states that Governor may as soon as possible after the presentation of the bill for assent, return the bill, if it is not Money Bill together with the message for reconsideration to the state legislature,” the bench pointed out.
The court disposed of a plea filed by the Telangana government for a direction to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative assembly, which are awaiting her assent.
The court's order came after Solicitor General Tushar Mehta submitted that as of now no bill is pending.
Mehta, representing the Telangana Governor, also submitted that this observation by the court on deciding the bills as soon as possible in the order was not necessary.
On this, the bench said, "We have not made this observation about this particular Governor. We said it must be borne in mind by constitutional authorities”.
Mehta said, “This was not needed. I can say nothing more. I do not want to vitiate the atmosphere further”.
Senior advocate Dushyant Dave, representing the Telangana government, asked the court to pass directions "once and for all" to put the issue at rest.
"In Madhya Pradesh, bills are being assented to within one week, in Gujarat within one month. Telangana is an opposition state....so this is happening," he alleged.
Mehta opposed these submissions and contended that he would not generalise the matter like that.
Dave, for his part, said, "You will not because you're a law officer appointed by the central government."
Mehta said shouting will not help before this court.
On this, Dave alleged, "Every time I appear, he has an allergy to me...He has stooped so low, I haven't seen this in 44 years!"
The Telangana government had approached the court in March, saying that 10 bills are pending with Raj Bhavan. While seven bills are pending since September 2022, three bills were sent to the Governor last month for her approval.