HP Governor & University Amendment Bill : Supreme Court Slams Governor’s ‘ Suspicious’ Stalling of University Amendment Bills. SC Sends Strong Signal: Governors Must Swiftly Sign Significant Bills. Governors must promptly accept and approve crucial bills, Any governor who disregards or overlooks a Supreme Court decision must be dealt with severely in accordance with the law

Supreme Court Reprimands Governors for Delays, Swift Action on University Amendment Bill demanded

In a landmark ruling,the Supreme Court has admonished Governors for undue delays in the legislative process and has emphasized that they must promptly accept and approve crucial bills, including the University Amendment Bills.

Furthermore, the people  have urged the immediate appointment of a Vice Chancellor for CSKHPKV Palampur and other universities to ensure the uninterrupted functioning of the institutions.

Supreme Court says that Governors Cannot Delay Bills

In a significant ruling, the Supreme Court of India has declared that governors do not have the authority to delay bills passed by state legislative assemblies. The court’s decision comes in response to a petition filed by the State of Telangana, which argued that several important bills had been held up by the governor.

The court emphasized that bills sent to the governor for assent must be returned “as soon as possible” and should not be allowed to languish, causing what is referred to as “Gubernatorial Procrastination.” This ruling serves as a strong reminder to governors to act promptly on bills and avoid unnecessary delays.

Governors in India have specific powers over state bills as outlined in the Indian Constitution. Article 200 of the Constitution provides the process for bills passed by state legislative assemblies to be presented to the governor for assent. The governor can either give assent, withhold assent, or reserve the bill for consideration by the President. The governor may also return the bill to the legislative assembly with a message requesting reconsideration.

Article 201 states that when a bill is reserved for the consideration of the President, the President may either give assent or withhold it. The President can also direct the governor to return the bill to the legislative assembly for reconsideration.

The recent Supreme Court ruling highlights that the power vested in governors does not include the discretion to cause undue delays in the legislative process. Instead, governors are expected to act promptly and return bills for further consideration or approval as soon as possible.

This issue of Gubernatorial Procrastination is not limited to Telangana alone. Other states, like Tamil Nadu and Kerala, have faced similar challenges. In Tamil Nadu, the governor forwarded a bill for exemption from the National Eligibility cum Entrance Test (NEET) to the President after significant delays. In Kerala, the governor publicly announced the refusal to give assent to important bills, creating uncertainty and complications in the legislative process.

The legal arguments against delaying assent underscore the critical role that governors play in the legislative process. Their inaction can lead to a constitutional crisis, disrupting the functioning of state governments. While Article 361 of the Constitution grants governors immunity from court proceedings for actions taken in the exercise of their powers, this immunity does not shield them from disclosing the reasons for withholding assent. If such reasons reveal malicious intent or extraneous considerations, the governor’s actions can be deemed unconstitutional, as established by a Supreme Court constitution bench ruling in the case of Rameshwar Prasad and Ors. vs. Union Of India and Anr.

In conclusion, the Supreme Court’s recent ruling sends a clear message that governors do not possess the authority to delay bills. It is imperative that they act promptly, respecting the constitutional intent of the legislative process and ensuring that bills are not held up in unnecessary bureaucratic processes.

Therefore, it is imperative that the HP Governor promptly returns the University Amendment Bill with his assent. His one-month delay has already had a detrimental impact on the functioning of the University.