The central government said in the Supreme Court on Thursday that if the Governor does not take any decision on the Bills, the states should solve the resolution instead of the court.
Solicitor General Tushar Mehta, presented by the Center, said that all the problems cannot be solved by the courts. Dialogue should be given priority in democracy. We have been here for decades.
A five -judge bench headed by CJI BR Gawai on Thursday heard the bill on the third consecutive day on behalf of the Governor of India and the President. The bench consists of Justices Suryakant, Vikram Nath, PS Narasimha and AS Chandurkar besides CJI.
Mehta further said that if the governor is not considering the Bills, then there are political solutions that can be adopted. It does not happen everywhere that the Chief Minister runs towards the court.
There are many examples where there is talk, the Chief Minister meets the Governor, he meets the Prime Minister and the President and the solution comes out. Several times the solution was found from the phone conversation.
Tushar Mehta further said that this practice has been adopted to resolve disputes for decades. The delegation meets the Governor and the President and sometimes the middle route comes out.
Mehta further argued that no time limit has been fixed for the Governor or President to take action on the bills anywhere in the Constitution and where the deadline has been given, it is clearly mentioned.
The court may request the Parliament to enact a time-limiting law for the Governor on the Bills passed by the Legislative Assembly, but this cannot be done through the decision of this court.
The Supreme Court on Wednesday said that the elected governments cannot run on the will of the governors. If a bill passes from the state assembly and comes to the Governor for the second time, the governor cannot send it to the President.
Under Article 200 of the Constitution, the Governor has four options- approval, preventing approval, sending to the President or returning to the Legislative Assembly for reconsideration. But if the assembly again passes the same bill and sends it, then the Governor will have to approve it.
A five -judge bench headed by CJI BR Gawai said that if the governors stop the approval without reconsideration, then the elected governments will depend on the Governor’s will. The court said that the governor does not have the right to stop the approval indefinitely.
The bench consists of Justices Suryakant, Vikram Nath, PS Narasimha and AS Chandurkar besides CJI. A five -judge bench will continue the hearing of the case on the third consecutive day on the third consecutive day by the ‘Governor of India and the President’s approval, stop or reservation’ case.
