CV Ananda Bose | Supreme Court Seeks Response From West Bengal Governor Over Withholding Assent To WB Universities (Amendment) Bill 2022

The Supreme Court sought the statement of Governor CV Anand Bose’s office on sitting idly by without signing the West Bengal University Act Amendment Bill after it was passed by the Assembly.

The West Bengal University Act Amendment Bill was passed in the Legislative Assembly in June 2022. The bill provides for the appointment of the Chief Minister as the Acharya of the State Universities instead of the Governor. After that almost two years passed but the governor did not approve the bill. A bench of Chief Justice DY Chandrachud today issued a notice to the Principal Secretary to the Governor of West Bengal and sought his statement in this regard within four weeks. The apex court also sought the statement of the state higher education department and the central government.

The state is already in conflict with the governor over the appointment of the vice-chancellor. The case has also come to the Supreme Court. The state government also passed the bill in the assembly, providing for the formation of a five-member search committee for the appointment of the vice-chancellor. The governor did not sign that bill either. Meanwhile, the Navanna vs Raj Bhavan conflict took a new turn as the Supreme Court sought the Governor’s statement on not signing the bill.

Not just West Bengal, several opposition-ruled states have had government disputes with governors in the recent past, over non-signing of bills passed by the assembly. Opposition-ruled states like Kerala, Punjab, Telangana, Tamil Nadu have approached the Supreme Court. In April last year, the Supreme Court had given a message to the Governors, according to Article 200 of the Constitution, it is the responsibility of the Governor to approve the bill as soon as possible.

After that, in November too, a bench of the Chief Justice of the Supreme Court objected to the stay of the bill in the case of Governors of Tamil Nadu, Punjab. The Supreme Court has said that the Governor is the symbolic head of the state. He cannot obstruct the legislative process of the Assembly. Today, after the Supreme Court sought West Bengal Governor CV Anand Bose’s statement, Arunanshu Chakraborty, the lawyer in the case, said, “This case went to the larger issue of the governor’s powers.” Because when the bill is sent to the governor for his assent, he has three options. One, he can give assent to the bill. Two, the bill can be sent back to the state government for reconsideration. Three, can send bills to the President. In this case, the governor is sitting without signing the bill without doing anything.

Trinamool Chhatra Parishad (TMCP) leader Sion Mukhopadhyay filed a Public Interest Litigation in the Calcutta High Court for stalling the CV Anand Bose bill passed by the Assembly. In that case last September, a division bench of Justices Indraprasanna Mukherjee and Justice Hiranmoy Bhattacharya sought an affidavit from the Governor’s office to know the status of the bill.

But in October, a division bench headed by Chief Justice TS Sivaganam said that the order of the earlier division bench would not come into force. The Governor does not even have to give an affidavit. Sion approached the Supreme Court against the Calcutta High Court verdict. His lawyer then approached Sion Supreme Court as the case was no longer heard. His lawyer Arunanshu Chakraborty said that the case was not heard in the High Court after October. After the Supreme Court hearing, he said, “We only raised the question whether one bench of the High Court can prevent the execution of another bench’s judgment or not.” As the Supreme Court asked for the Governor’s statement, the case went to the main issue.