Chhattisgarh High Court put stay on notice issued to Raj Bhawan on Reservation Amendment Bills

Raipur

Chhattisgarh High Court has put a stay on the notice issued to the Governor’s Secretariat regarding Reservation Amendment Bills, pending with the Raj Bhawan for the signature of the Governor. After the notice was issued to the Raj Bhawan on the petition of the state government, its constitutionality was questioned in the court. The High Court has given an interim stay after a preliminary hearing and decided to conduct next hearing February 24.

The state government has filed a petition in the High Courtchallenging the Raj Bhawan’s approach towards the Reservation Bills passed by the Chhattisgarh assembly on December 2, 2022. The petition submitted that Governor can only give assent or dissent after the Bill is passed in the assembly. But, without any reason, the Bill cannot be stopped like this for a long time by the Governor. 

The state government alleged that the Governor is misusing her constitutional rights. Recently, Union Minister and senior Supreme Court advocate Kapil Sibal had come to plead on this petition of the state government. After listening to their arguments, Justice Rajni Dubey of the High Court issued a notice to the Central Government as well as the Governor’s Secretariat seeking answers.

After issue of notice to Raj Bhavan on the petition of Chhattisgarh Government, an application has been submitted in the High Court on behalf of the Governor’s Secretariat, challenging the court notice. On behalf of the Governor’s Secretariat, former Assistant Solicitor General and Special Public Prosecutor for CBI and NIA, B Gopa Kumar, argued that Article 361 of the Constitution vests the President and the Governor with prerogatives regarding the powers and functions of their office, for which the President and the Governor is not answerable to any court. Accordingly, the High Court does not have the right to issue notice to the Raj Bhawan.

According to the Raj Bhawan’s counsel, the reservation bill has been sent to the Governor. But, there is no time limit fixed in how many days the Bill has to be approved. Along with the petition, he argued seeking interim relief and said that the Raj Bhawan cannot be made a party to the petition. He had demanded an interim stay on the notice issued by the High Court, which has been accepted by the High Court and has stayed the notice issued to the Raj Bhawan.

The state government had increased the reservation of various classes in the state in the special session of the assembly, making provision of 32 percent reservation Scheduled Tribes, 27 percent for OBCs, 13 percent for Scheduled Castes and 4 percent for economically weaker sections in Chhattisgarh. This bill was sent to the governor for approval. Governor AnusuiyaUikey has refused to accept it citing legal hurdles. Advocate Himank Saluja and the state government had filed a petition challenging the Raj Bhawan’s stand on the bill.