Telangana argues Governor cannot withhold state bills under List-2

Hyderabad: The Telangana government told the Supreme Court that a Governor cannot withhold or reserve bills on List-2 subjects without Cabinet advice. These remarks came during a hearing on a Presidential reference about delays in bill approvals by Governors or the President.

Senior advocate S. Niranjan Reddy, appearing for Telangana, said Articles 200 and 201 do not let Governors or the President keep state bills pending. He argued for a fixed deadline to approve or reject such bills. He stressed that the Constitution does not allow Governors to act independently in these matters.

Governors are bound by Cabinet advice except in rare circumstances

Citing Article 163, Reddy said Governors must follow the Council of Ministers in all cases, except where the Constitution allows discretion. He quoted Dr B.R. Ambedkar, who said Governors have no personal discretion in a responsible government setup.

Reddy explained that Article 200 removes the Governor’s power to withhold assent on their own. The only exceptions are when there is no Cabinet or a hung assembly. In all other cases, Governors must follow the Cabinet’s advice.

He noted that the Constitution’s authors limited states to specific subjects in List 2. Parliament alone can legislate on Union List subjects under Article 246(1). Courts regularly strike down state laws on Union matters. So, Governors have no reason to intervene on such bills.

Reddy said states have exclusive power under Article 246(3) to legislate on List-2 subjects. When states pass such bills, Governors cannot label them inappropriate or send them to the President. Doing so blocks state legislation and violates federal principles.

He warned that delays under Article 200 affect Article 111, which governs Presidential assent. Article 201 requires the President to either approve or reject bills sent by Governors. Keeping them undecided is unconstitutional. The President must also inform the state of their decision.

Reddy concluded that Governors may send bills to the President only if the Cabinet wrongly assumes a subject is in its scope. Even then, courts can review the bill. Therefore, he urged the court to view all three lists in the Seventh Schedule separately and clearly.