The Kerala Government has escalated a legal challenge to the Supreme Court against a High Court judgment that declined to impose a deadline for the Governor’s assent to bills passed by the state legislature. This move comes after the High Court dismissed a Public Interest Litigation (PIL) that questioned the Governor of Kerala, Arif Mohammed Khan’s indefinite withholding of bills, a situation that the PIL argued was not in line with Article 200 of the Constitution.
Also read- Supreme Court Urges Governors To Act On Bills Without Judicial Prompt (lawchakra.in)
The High Court, in its November 2022 ruling, stated that it was not within its purview to set a timeframe for the Governor’s discretion under Article 200.
“even under a parliamentary democracy, when the Hon’ble Governor is left with discretion under Article 200 of the Constitution of India, it may not be appropriate for the Courts to issue any direction to the Governor of a State to exercise the discretion within a time frame to be fixed by the Court,”
the High Court had expressed.
The Kerala High Court’s Division Bench, led by Chief Justice S. Manikumar and Justice Shaji P. Chaly, is now under scrutiny by the apex court following the State Government’s appeal. The State Government’s writ petition under Article 32 highlights the Governor’s delay in considering over eight pending bills, which it argues is a failure to fulfill constitutional obligations, causing a delay in the implementation of welfare measures for the people.
The Special Leave Petition (SLP) filed by the State Government contends that the Governor’s conduct threatens the foundational principles of the Constitution, including the rule of law and democratic governance.
“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,”
the SLP states.
The petition further argues that the phrase “as soon as possible” in the main proviso to Article 200 implies an urgent and expeditious consideration of pending bills, without avoidable delay. The State has informed the Supreme Court that eight bills are awaiting the Governor’s assent, with some pending for more than two years.
Seeking judicial intervention, the State of Kerala has requested the Supreme Court to direct the Governor to act on his powers under Article 200 concerning the pending bills. This plea coincides with a similar stance taken by the State of Punjab, where the Chief Justice of India DY Chandrachud noted that Governors cannot indefinitely delay the assent to bills.
The case, titled The State of Kerala & Anr. V. P.V. Jeevesh (Advocate) & Ors., is set to be considered alongside similar petitions from Punjab and Tamil Nadu, marking a significant moment for the interpretation of gubernatorial powers in India’s constitutional framework.
