RAIPUR: The Chhattisgarh high court has stayed its earlier order to issue notice to Raj Bhawan on a petition challenging the ‘delay’ in governor’s assent to the 76% reservation bills, which was passed by the state legislative assembly on December last year.
After hearing the arguments on an application moved by Raj Bhawan Counsel B Gopakumar, the bench of Justice Rajani Dubey said, “One of the silences in the Constitution is in Article 200 which does not prescribe a timeline for the governor to provide assent to Bills sent by the Legislative Assembly. These applications have been filed on the ground that the Secretary to the Governor is also protected on behalf of the Governor. Without commenting anything on the said issue at this stage, considering the orders of the Supreme Court and the provisions of Article 200 of the Constitution of India, it is ordered that till a decision on the aforesaid applications, the effect and operation of the order dated 6.2.2023 passed shall remain stayed."
The high court had earlier directed to issue notice to governor’s secretariat on a petition challenging the ‘delay’ in granting governor’s assent to the reservation bills and the HC on February six issued notices to Raj Bhawan.
Later, the governor’s secretariat moved an application seeking recall of the order and staying on its effect and operation.
The court has fixed February 24 as the next date for the hearing.
Earlier, Raj Bhawan counsel B Gopa Kumar, who moved the application, maintained that under Article 361 the President, or the governor of a state shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.
Appearing on behalf of the state government, senior advocate Kapil Sibal argued that the governor has no right to stop the bill, which was unanimously passed by the state legislative assembly on December 2 last year.
He said the Article 200 of the Constitution of India empowers a Governor to do three things - either he or she signs the Bill, sends it back to the government or sends it to the President of India. “But the Raj Bhawan has been ignoring these procedures for political mileage and stalled the Bill in violation of the Constitution”, argued Sibal.
The Chhattisgarh government passed two amendment bills related to the reservation in government jobs and educational institutions, raising the quota to 76% including ST reservation 32%, OBC reservation 27%, SC reservation 13%, and four per cent has been provisioned for the economically weaker sections (EWS).
The state government immediately sent the Bill to the Governor after the assembly unanimously passed it on December 2, 2022.
However, governor Anusuiya Uikey refused to grant her assent to the bills but shot a letter asking ten questions including details of the quantifiable data commission report on OBCs and other details such as the socio-economic and educational status of scheduled castes and scheduled tribes in the state.
Though the government provided some information, the governor later maintained that the replies are not satisfactory.
