Telangana budget: Constitutional provisions to be followed

The counsels told the court this after the court took up hearing of the lunch motion petition moved by the State government, seeking a direction to the governor to approve the State Budget for 2023-24. Accordingly, the State has withdrawn the petition. 

Hyderabad: The State government counsel and the Governor’s counsel have told the Telangana High Court that Constitutional provisions will be followed for the upcoming Budget session of the State Assembly.

The counsels told the court this after the court took up hearing of the lunch motion petition moved by the State government, seeking a direction to the governor to approve the State Budget for 2023-24. Accordingly, the State has withdrawn the petition.

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The State had moved court with the Governor yet to approve the budget even as the Assembly session was scheduled to begin on February 3. During the hearing, the division bench asked the Advocate General how the court could give notice to the Governor and why the court was being ‘dragged’ into a controversy between the government and a Constitutional institution.

Appearing on behalf of the government, Supreme Court lawyer Dushyant Dave submitted that when the Constitution was violated, courts can intervene. He cited judgments of the Supreme Court and informed the court that the State government had sent the draft budget to the Governor on January 21 but she was yet to approve the same.

Instead, the government had received a communication from the Raj Bhavan asking if arrangements were made for the Governor’s address on the opening day of the Budget session.

The government argued that the Governor’s speech and the Budget presentation were unrelated matters. It also said there was no clause in the Constitution that requires the governor to address the Budget session, and at the same time, Article 202 of the Constitution mandates that a Governor must give permission for presenting before the House a statement of the estimated receipts and expenditure of the State for a financial year.