The Supreme Court has asked the Governor's Secretary to file a reply in this matter. The Supreme Court has also asked the Union Home Ministry to file a reply. Senior advocate KK Venugopal appeared on behalf of the state of Kerala and said that the Governor's decision to send the bills to the President for consideration has been challenged. Senior advocate Abhishek Manu Singhvi appeared on behalf of the West Bengal government and said that the matter is pending in the Supreme Court, yet the Governor's office sent the bills to the President for consideration.
On the application of the Kerala government, a bench headed by Chief Justice DY Chandrachud of the Supreme Court has issued notice to the Home Ministry of the Central Government as well as the Additional Chief Secretary to the Governor of Kerala. Kerala government lawyer Venugopal said that the Supreme Court needs to set a guideline regarding whether the Governor can return or refer a bill.
Many governors across the country are confused about what authority they have regarding the bill. In the present case, there are eight bills in the state and two of them are pending for 23 months. One is pending for 15 months while the other is pending for 13 months. Also, some bills are pending for 10 months. This is a very sad situation. The state government has challenged the referral of these bills. The Supreme Court should tell when the governor cannot give his assent to a bill and when he can refer it to the President.
In the second petition, the West Bengal government has challenged the stay on the bill by the Governor. This separate petition has been filed in the bench of Chief Justice DY Chandrachud. The Chief Justice has said that he will hear the case and has allowed the petitioner to make the Home Ministry a respondent. The Supreme Court has issued notice to the Secretary to the Governor of West Bengal as well as the Home Ministry. The state government alleges that the Governor has stayed eight bills and has not approved them. The Governor's office has said that some bills have been kept for the President's consideration.
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