WB Speaker says indefinite delay in clearing bills defeats purpose; calls for fixed timeline

Kolkata, Nov 20 (PTI) West Bengal Assembly Speaker Biman Banerjee on Thursday said he "personally feels" that a fixed timeline should be laid down for governors to clear bills, arguing that keeping legislation pending indefinitely defeats the purpose of lawmaking and leaves elected governments in limbo.

Reacting to the Supreme Court's judgment, Banerjee said a bill loses significance when it remains stuck without clarity.

"A bill is brought for the benefit of the people. The government brings it, it is debated, and dissent is recorded. Once passed, it goes to the governor. He may give assent, refuse assent, or return it with recommendations. If returned and passed again, he must give assent," the speaker said.

He had earlier reminded Governor C V Ananda Bose of his constitutional duties and had urged him to clear the pending bills passed by the West Bengal assembly.

"Earlier, the Supreme Court had observed that bills must be cleared within a reasonable time. Even then, I feel fixing a specific timeline would have been far better. That would give clarity and remove uncertainty," the speaker said.

Banerjee pointed out that at least 19 bills passed by the West Bengal Assembly, including key pieces of legislation, are still awaiting the governor's assent.

Veteran TMC MP Sougata Roy called the situation "very disappointing", especially for states not ruled by the BJP.

"We pass legislation, and the governor simply sits on it. It does not set the right precedent. We had hoped the Supreme Court would fix a timeline. It hasn't. So this disappoints me," he said, adding that he was unsure whether a review petition would be possible.

"We would hope the court would set a timeline for passage of bills," he said.

Another senior TMC leader, who did not wish to be named, had pointed to recommendations made by various commissions, including the Sarkaria Commission, which have advocated time limits for governors in such matters.

"Many important bills are passed by the state legislature in the interest of the public. Delays in their implementation defeat the very purpose of their passage. In the present situation, most of the governors sit over the bills passed in states, where there is a government which is opposed to the Centre's BJP, just for political reasons," he said.

The Supreme Court on Thursday said no timelines can be imposed on governors and the president to grant assent to bills passed by state assemblies. The Supreme Court is also barred from giving deemed assent to the bills, the apex court said in its long-awaited judgment.

In its unanimous verdict, a five-judge Constitution bench also ruled that governors cannot sit over bills beyond the powers granted to them under Article 200.

Fixing timelines for governors in a democratic country like India is against the elasticity provided by the Constitution, the court added. PTI PNT RG