States can’t move court over governors’ delay: Centre tells SC

New Delhi: The Union government on Thursday told the Supreme Court a state or even the Union government cannot approach court against the actions of the President and Governors over delays or withholding of assent to bills, according to reports.

Solicitor General Tushar Mehta , appearing for the Centre before a five-judge bench led by Chief Justice of India Bhushan R Gavai, told the apex court that neither the states nor the Centre can approach the court under Article 32 alleging breach of fundamental or legal rights , since these rights are conferred only on citizens and persons, not on the governments.

Tushar Mehta reportedly argued that ‘A state does not have fundamental rights. It is the repository of functions to protect citizens’ rights, but it cannot come to this court alleging its own rights have been infringed.’

The five-judge bench was hearing a reference made by President Murmu after the Supreme Court fixed time limit for the President and Governor to act on Bills submitted by state legislatures.

Mehta told the court that President Droupadi Murmu sought the court’s view on whether states can file writ petition under Article 32 (Right to Constitutional Remedies) of the Constitution for violation of fundamental rights.

Further elaborating, Mehta pointed out that Article 361 gives the President and governors ‘complete immunity’ from having to be in courts over their actions in discharging their constitutional duties including decision related on assent, according to Hindustan Times.