The Kerala government approached the Supreme Court against both the President and the Governor due to delayed bills. They argue that the bills, primarily concerning matters within the State List of the Constitution, should not have been referred to the President by the Governor. The state also points out that the Governor had previously approved ordinances related to these bills, making their referral unnecessary.
New Delhi, March 2024 – The Kerala Government filed a petition against President Droupadi Murmu and Governor Arif Mohammed Khan, citing undue delay in the assent to several legislative bills.
READ ALSO: Supreme Court Reserves Order on Kerala Government’s Plea over Financial Dispute
The Kerala Gov. claimed that President Murmu had arbitrarily withheld approval for four legislative proposals passed by the Kerala Legislature, without providing any justification.
Moreover, the state criticizes Governor Khan for his prolonged inaction on various bills, alleging that his approach of indefinitely postponing decisions and subsequently forwarding them to the President undermines the legislative process. The Kerala Government argues, is a clear violation of constitutional protocols and an infringement on the state’s legislative rights.
READ ALSO: Supreme Court Asked Centre To Give One-Time Financial Package To Kerala
The legal challenge, lodged before the Supreme Court, has drawn attention to the delicate interplay between state and federal powers in India. The petition, which lists the Secretary to the President, the Kerala Governor, and the Additional Chief Secretary to the Governor as respondents, is set to be represented by a constitutional lawyer alongside CK Sasi, the state’s Standing Counsel.
The Kerala Government argues that the governor’s referral of the bills to the president is inappropriate as they pertain to matters within the State List of the Constitution. Additionally, the state will highlight that the governor had already approved ordinances preceding these bills.
Another bill, the Kerala Cooperative Societies (Amendment) Bill, seeks to grant voting rights to nominated members in the Kerala Cooperative Milk Marketing Federation (Milma), potentially benefiting the ruling LDF party in Milma’s administration.
READ ALSO: Kerala Declines Union Government’s Rs 5,000 Crore Loan Offer Amid Financial Crisis
The Government accuses Governor Khan of intentionally holding seven pending bills and sending them to the President to avoid Supreme Court review. They believe the extended delays, lasting up to two years, violate the Constitution and show a failure to fulfill constitutional duties.
