In an unprecedented legal challenge, the Kerala Government has escalated its concerns to the Supreme Court, alleging that the Governor, Arif Mohammed Khan, has been derelict in his constitutional duty by delaying his assent to a series of bills passed by the State Assembly. This move underscores a deepening conflict between the state’s elected representatives and the gubernatorial office over the legislative process and the timely implementation of laws aimed at public welfare.
The State Government’s plea is a stark indictment of the Governor’s actions, asserting that his prolonged inaction not only contravenes the constitutional framework but also hampers the rule of law and democratic governance. The plea states,
“The conduct of the Governor, as would presently be demonstrated, threatens to defeat and subvert the very fundamentals and basic foundations of our Constitution, including the rule of law and democratic good governance, apart from defeating the rights of the people of the State to the welfare measures sought to be implemented through the Bills.”
At the heart of the dispute are eight bills, including two amendments to the University Laws and the Kerala Co-operative Societies Amendment Bill, which have been pending for periods ranging from five months to over two years. These bills, which are said to carry significant public interest, are yet to receive the Governor’s assent, thereby stalling their transformation into enforceable laws.
The State Government’s submission to the Supreme Court is a clarion call for judicial intervention, seeking a declaration that the Governor must act within a reasonable timeframe on bills presented to him. The plea further requests the court to recognize the Governor’s failure to fulfill his constitutional obligations by not assenting to the bills in a timely manner.
The plea also highlights the broader implications of the Governor’s inaction, stating,
“The conduct of the Governor in keeping Bills pending for long and indefinite periods of time is also manifestly arbitrary and violates Article 14 of the Constitution. Additionally, it also defeats the rights of the people of the State of Kerala under Article 21 of the Constitution, by denying them the benefits of welfare legislation enacted by the State Assembly.”
This legal recourse by the Kerala Government follows a similar approach by Tamil Nadu, which recently petitioned the Supreme Court with grievances against its Governor, alleging obstruction of the legislative process. This pattern of disputes points to a larger narrative of friction between State Governments and Governors across the country.
Also read- Supreme Court Continues Hearing On Electoral Bonds Scheme Validity (Day 2) (lawchakra.in)
The Supreme Court’s earlier observation, in a case involving the Telangana Government, emphasized the expectation that Governors should expedite the bill assent process in line with Article 200. This precedent adds weight to the Kerala Government’s current plea for a definitive resolution.
The petition, meticulously prepared by Former Attorney General KK Venugopal and presented by Advocate CK Sasi, is set to be a pivotal case with potential ramifications on the interpretation of gubernatorial powers in relation to state legislation.
As the case, titled “State of Kerala V. Governor for State of Kerala,” proceeds, it promises to be a critical examination of the balance between state autonomy and gubernatorial oversight, with the Supreme Court’s ruling anticipated to set a significant precedent for the governance of Indian states.
Also read- Delhi Court Criticizes Delhi Police For Incorrectly Grouping Riot Complaints (lawchakra.in)
