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This is an archive article published on March 22, 2023

Why Telangana govt has approached the SC over Bills pending with state Governor

Ten Bills passed by the Telangana legislature are awaiting the assent of Governor Tamilisai Soundararajan.

Telangana Governor Tamilisai SoundararajanSome of the Bills have been pending with Governor Tamilisai Soundararajan since September 2022, the Telangana govt said. (Photo: Twitter/@DrTamilisaiGuv)

The Supreme Court on Monday asked Solicitor Tushar Mehta to seek instructions from the Centre in response to a petition by the Telangana government against its Governor Tamilisai Soundararajan, owing to a “constitutional impasse” on account of the Governor’s refusal to act on several Bills.

Ten Bills passed by the State Legislature have been pending, awaiting the Governor’s assent. The petition filed by the Telangana government on March 2 mentions the Bills, some of which have been pending since September 2022.

What are the pending Bills?

*The Azamabad Industrial Area (Termination and Regulation of Leases) (Amendment) Bill, 2022

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On September 12, 2022, the Telangana Assembly passed a Bill to amend the Azamabad Industrial Area (Termination and Regulation of Leases) Act, 1992, to safeguard the interests of the plot occupants and to monetise the valuable lands in the heart of Hyderabad city, owing to a large number of residential constructions in the surrounding areas.

The Bill was passed by both houses of the State Legislature and was reserved by the Governor for the consideration and assent of the President of India under Article 254 (2) of the Constitution of India, which says that in case of repugnant legislation passed by a state against Parliament, the legislation can be enforced upon receiving presidential assent.

*The Telangana Municipal Laws (Amendment) Bill, 2022

This Bill was passed by both Houses of the State legislature on September 12, 2022, and submitted to the Governor for her assent under Article 200 of the Constitution of India. The Bill sought to “increase the number of co option members” who possess “special knowledge ” in the municipal administration. It also seeks to increase the number of minorities who work at the Hyderabad Municipal Corporation, by way of an amendment to Section 5 of Greater Hyderabad Municipal Corporation.

The Bill also sought to constitute the Mulugu Municipality merging villages Bandarupalli and Jeevantharaopally and Gram Panchayats with Mulugu Gram Panchayat by amending Schedule 1 of the Telangana Municipalities Act, 2019.

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This Bill also proposed to change the name of “Kyathanpally Municipality” to “Ramakrishnapur Municipality.” It also sought to amend Section 37 of the Telangana Municipalities Act, 2019 to increase the period for passing a no-confidence motion against its chairperson or vice chairperson from 3 to 4 years.

The Telangana Municipal Laws (Amendment) Bill, 2022 was cleared by both Houses of the legislature and submitted to the Governor for her assent under Article 200 of the Constitution of India. According to Article 200, when a Bill is passed by the state legislature and presented to the Governor, the Governor can either assent to it, withhold their assent or reserve it for the President’s consideration.

*Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Bill, 2022.

This Bill was passed by the state legislature on September 12, 2022, and sought to include categories such as Director of Medical Education and Additional Director of Medical Education, among the categories of professors, associate professors, and assistant professors of Government Medical Colleges for superannuation. It sought to raise the superannuation age from 61 years to 65 years as well and was submitted to the Governor for her assent under Article 200 of the Constitution of India.

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*The University of Forestry Telangana Bill, 2022

This Bill was passed on September 12, 2022, to establish an exclusive world-class institution for forest Education, research, extension, and outreach. It sought to upgrade the Forest College and Research Institute, Hyderabad into a full-fledged University of Forestry.

*The Telangana Universities Common Recruitment Board Bill, 2022.

Another Bill passed on September 12, 2022, sought centralised recruitment of teaching and non-teaching posts in the universities under the administrative control of the Higher Education Department, Agriculture and Cooperation Department, and Animal Husbandry, Dairy Development, and Fisheries Department through a common Recruitment Board.

*The Telangana Motor Vehicles Taxation (Amendment) Bill, 2022

This Bill was passed by the state legislature on September 12, 2022, to define the cost of vehicles for assessing taxes, specifically for the ones originally registered in the state of Telangana or entering from other states.

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*The Telangana State Private Universities (Establishment and Regulation) (Amendment) Bill, 2022

The Bill passed on September 13, 2022, by the state legislature sought to include 5 private universities in the schedule of the Telangana State Private Universities (Establishment and Regulation) Act, 2018.

*The Professor Jayashankar Telangana State Agricultural University (Amendment) Bill, 2023

This Bill was passed by both Houses of the State legislature on February 8 this year. The Bill seeks to enable the University’s grant of affiliation to various government colleges and institutions and for implementing the recommendation of the “V Deans Committee ” for the change of nomenclature of undergraduate degree programs in the state’s Professor Jayashankar Telangana State Agricultural University.

*The Telangana Panchayat Raj (Amendment) Bill, 2023

On February 10, this Bill was passed by both Houses of the State legislature to achieve the goal of administrative decentralisation and effective governance. It sought to form Bhadrachalam as three Gram panchayats. It also sought to carve out Rajampet as a separate Gram Panchayat.

*The Telangana Municipalities (Amendment) Bill, 2023

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On February 10, the State Legislature passed another Bill seeking to constitute Asifabad Municipality “by merging three villages and for excluding areas of Boyalapally and Talla Narasimhapuram villages from Kolhapur Municipality”

Although the Bills were sent to the Governor’s Secretary to obtain her assent on February 13 and 14 this year, the plea filed by Telangana, titled “The State of Telangana vs Secretary to Her Excellency the Hon’ble Governor for the State of Telangana & Anr”, mentions that her assent is still awaited.

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