19 Bills passed by Bengal Assembly wait for Governor’s nod, some since 2016

BJP claims the Bills not cleared as “detrimental to Constitution”, official in Raj Bhavan says “only 11 Bills pending”, including some relating to universities owing to court judgments, and five sent for clarifications from government depts

Jhargram, Mamata Banerjee, Bengal Chief Minister Mamata Banerjee, West Bengal Assembly, C V Ananda Bose, Political Pulse, Indian Express, India news, current affairs

Governor C V Ananda Bose and his office declined to comment on the issue when contacted. But a senior official in the Governor’s office claimed: “Only 11 Bills are pending right now out of which six Bills are regarding universities that are under consideration in light of some Supreme Court and High Court judgments. The other five Bills are pending with the state government after being sent for clarifications to the government departments concerned.”

During a three-day visit to Jhargram recently for World Tribal Day events, West Bengal Chief Minister Mamata Banerjee highlighted that the Raj Bhawan had not signed a Bill that replaced the Governor with the CM as chancellor of state universities. There are, in fact, 19 Bills passed by the state Assembly that continue to await the Governor’s assent, including some pending since 2016. The chancellor Bill was first passed last year but was not cleared by the Governor at the time.

According to sources in the Legislative Assembly, the Trinamool Congress government is in a dilemma over how to proceed with these Bills now.

The Howrah Municipal Corporation (Amendment) Bill, for instance, was passed in 2021, but was not cleared by then Governor Jagdeep Dhankhar, now the Vice-President. As a result, elections to the Howrah Municipal Corporation have been pending since 2020. The Bill aims to carve Bally Municipality out of the Howrah Municipal Corporation.

Among the oldest Bills yet to be signed by the Governor are the Dunlop India Limited (Acquisition and Transfer of Undertaking) Bill and the Jessop and Company Limited (Acquisition and Transfer of Undertaking) Bill, which were both passed by the Assembly on February 27, 2016. These Bills were introduced to ensure that manufacturing units in the state for tyre-maker Dunlop and railway wagon-maker Jessop could continue producing and distributing their goods, which are “essential to the needs of the economy”.

Then Governor Keshari Nath Tripathi sent both the Bills to Ram Nath Kovind, the President at the time, for his assent in March 2016. Kovind, however, withheld his signature. Sources in the President’s Secretariat said Kovind sought clarifications from the Union Ministry of Home Affairs (MHA), which solicited the views of the Bengal government on matters raised by several departments. After these consultations, Kovind never cleared the Bills.

A senior official in the Bengal government said: “The replies were sent to the MHA and Government of India from time to time. But till date, we have not got assent for the Bills.”

The other pending Bills include the West Bengal Estates Acquisition (Amendment) Bill, 2017, the West Bengal Commission for Backward Classes (Amendment) Bill, 2018, the Code of Criminal Procedure (West Bengal Amendment) Bill, 2018, and the West Bengal (Prevention of Lynching) Bill, 2019.

“The West Bengal (Prevention of Lynching) Bill was passed by the Assembly in August 2019, and has provisions for a death sentence and jail terms, spanning three years to life, for those involved in assaulting or injuring a person, depending on the extent of crime. However, the law has remained at the non-implementation stage, due to certain provisions that might contradict central Acts on similar issues,” said a senior official in the Bengal government.

Incidentally, Bills presented in the Lok Sabha by the Centre on Friday cover mob lynching as an offence now.

The tussle between the Raj Bhavan and the government has never eased since Dhankhar became the Governor in July 2019. According to Assembly sources, Dhankhar would return Bills for clarification at least once before giving his assent.

During his tenure, tensions between the Governor and the state government also spilled over into the appointment of vice-chancellors of various state universities. The TMC government introduced a series of amendments in the Assembly in this regard in 2022 – the West Bengal University Laws (Amendment) Bill, the West Bengal University of Animal and Fishery Sciences (Amendment) Bill, the West Bengal Krishi Viswavidyalaya Laws (Second Amendment) Bill, the West Bengal University of Health Sciences (Amendment) Bill and the Aliah University (Amendment) Bill. The West Bengal Private University Laws (Amendment) Bill, which would replace the Governor with the state education minister as a ‘visitor’ at private universities, was passed by the Assembly last year. All the Bills continue to remain pending in the Raj Bhavan for the Governor’s assent.

During the programme in Jhargram earlier this week, CM Mamata Banerjee said: “To appoint a V-C, one has to send three names. If you (the Governor) have the guts, sign the Bill passed in the Assembly saying the Chief Minister will be the chairperson or chancellor.”

Similarly, the West Bengal Taxation Tribunal (Amendment) Bill, 2022 was passed in the Assembly, granting the state government the power to name the chairperson and judicial and technical members of the tribunal, in consultation with the Chief Justice of the Calcutta High Court. However, without the Governor’s assent, the appointments continue to be made by the Governor and the Chief Justice.

The pending West Bengal Land Reforms and Tenancy Tribunal (Amendment) Bill, 2022, too, sought to make the state government, instead of the Governor, the appointing authority for the chairman and judicial members in the Land Reforms and Tenancy Tribunal, in consultation with the Chief Justice.

The Governor is also still to approve the Kolkata Municipal Corporation (Amendment) Bill, 2022, which was passed in the Assembly to fast-track the process of demolishing dilapidated buildings that could collapse and redevelop them. The collapse of poorly maintained buildings, particularly during the rainy season, has been a major concern for the city’s municipal corporation, with some collapses in the past having led to the loss of lives.

The other Bills awaiting the Governor’s nod are the Bengal Juvenile Smoking (Repealing) Bill, 2022 and the Bengal Orphanages and Widows’ Homes (Repealing) Bill, 2023.

Trinamool MLA Tapash Roy said: “We do not know what to do. Year after year, Bills are not getting the assent from the Governor. We sent reminders more than once, but to no avail.”

Biman Banerjee, the Speaker of the Assembly, said he was optimistic about getting the assent on the pending Bills. “We have dialogues with the Raj Bhavan and I am hopeful that we will get the assent on many Bills very soon,” he told The Indian Express.

However, BJP leader and former MLA Samik Bhattacharya said: “The Raj Bhavan did not give assent to these Bills because they are detrimental to the fundamentals of the Indian Constitution.”

The 19 bills awaiting Governor’s assent

Dunlop India Limited (Acquisition and Transfer of Undertaking) Bill, 2016 and Jessop & Company Limited (Acquisition and Transfer of Undertaking) Bill, 2016

These Bills were introduced to ensure the continued operation of tyre-manufacturer Dunlop and railway wagon-maker Jessop’s manufacturing units, which had failed to pay its dues to its employees and the state government

Howrah Municipal Corporation (Amendment) Bill, 2021

The Bill was tabled to carve out the Bally Municipality from Howrah and reduce the number of elected councillors from 66 to 50 as a result.

West Bengal Estates Acquisition (Amendment) Bill, 2017

With the section that allowed the government to correct the record of land ownership rights expiring in November 2017, the Assembly passed this amendment to extend the government’s power by another 10 years

West Bengal Commission For Backward Classes (Amendment) Bill, 2018

The Bill amended the existing Act to extend the term of the Member-Secretary of the West Bengal Commission for Backward Classes from five years to eight years and raise the retirement age to 68 from 65

Code of Criminal Procedure (West Bengal Amendment) Bill, 2018

To speed up the appointment and empanelment process of public prosecutors in High Court and district courts, the Bill proposed a centralised single-window system

West Bengal (Prevention of Lynching) Bill, 2019

The anti-lynching Bill proposed the death penalty as the punishment for those found guilty of mob violence resulting in death

Seven Bills on state-run university laws | West Bengal University Laws (Amendment) Bill, 2022, West Bengal University of Animal and Fishery Sciences (Amendment) Bill, 2022, West Bengal Private University Laws (Amendment) Bill, 2022, West Bengal Krishi Viswavidyalaya Laws (Second Amendment) Bill, 2022, West Bengal University of Health Sciences (Amendment) Bill, 2022 and Aliah University (Amendment) Bill, 2022

These Bills sought to replace the Governor as Chancellor of state-run universities with the Chief Minister instead. For private universities, one of the Bills named the state education minister the ‘Visitor’

West Bengal Taxation Tribunal (Amendment ) Bill, 2022

The Bill removed the Governor from the appointment committee for the chairperson and judicial and technical members of taxation tribunals and added the state government instead

West Bengal Land Reforms and Tenancy Tribunal (Amendment) Bill, 2022

This Bill also removed the Governor from from the appointment committee for land reforms and tenancy tribunals and add two members selected by the state government

West Bengal Taxation Laws (Amendment) Bill, 2022

The Bill proposed amendments to various laws on taxes to improve the state’s revenue collections

Kolkata Municipal Corporation (Amendment) Bill, 2022