Dmk mp p wilson I request the Hon’ble Chairman to permit me to mention the following matter of Urgent Public Importance in the House.

 

Sir,

 

I request the Hon’ble Chairman to permit me to mention the following matter of Urgent Public Importance in the House.

Subject: Fixing of time limit for Governors to act on the Bills reserved for assent.

The Constitution of India is a dynamic legal and social document. With the needs of society constantly changing, our Constitution must evolve to enable smooth functioning of the State’s administrative machinery. The Constitution bestows tremendous responsibility on the Governor as the head of the State to assent to Bills passed by the State Legislature. In some cases, the Governor can reserve Bills for the consideration of the President. The Constitution does not prescribe a time limit for the Governor to act on Bills reserved for his assent. However, it should be inferred that the Constitution places a fiduciary duty on the Governor to act within a reasonable time frame. Undue delay in performance of constitutional functions is ex-facie unconstitutional. The Governor ultimately owes a responsibility to the people of the State on whose behalf, and for whose welfare, the Legislatures, which carry the people’s mandate, enact laws. Unfortunately, the States are faced with a precarious situation where Governors are indefinitely delaying consideration of Bills reserved for assent. This amounts to interference in the administration of the State and the transaction of business by the Legislatures and impedes the elected Governments from serving the people. I therefore appeal to the Hon’ble Union Law Minister through this August House to amend the Constitution and fix a time limit for the Governors to act on the Bills passed by Legislatures and reserved for their assent, and save the spirit of democracy, which is a basic feature of our Constitution.

 

P.WILSON

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