Kerala has recently escalated its legal challenge against the Governor’s handling of legislative bills by approaching the Supreme Court. The state seeks to establish clear guidelines for the Governor’s role in either approving, reserving for the President’s consideration, or returning bills to the Legislative Assembly. This move marks the second time in two weeks that Kerala has taken legal action against the Governor.
Also read-Supreme Court Collegium Recommends New Chief Justices For Five High Courts (lawchakra.in)
Central to Kerala’s petition is the interpretation of the phrase “as soon as possible” in Article 200 of the Indian Constitution. This article grants the Governor the discretion to forward bills to the President, withhold approval, or return them to the Assembly. However, the lack of a specific timeline has led to ambiguity and delays in processing legislation.
The issue gained prominence when Governor Arif Mohammed Khan delayed action on eight bills passed by the Kerala State Legislature, some for up to three years. Eventually, seven of these bills were sent to the President without detailed scrutiny or justification for their reservation, a step taken after the court issued a notice on November 20.
Also read-Supreme Court Clarifies Section 498A: Emphasizing Evidence In Marital Cruelty Cases (lawchakra.in)
Kerala’s standing counsel, C.K. Sasi, has emphasized the need for the Governor to fulfill his constitutional duties without undue delay. The state argues that the Governor’s inaction on these bills represents a failure to exercise his powers and responsibilities as outlined in the Constitution.
Furthermore, Kerala has pointed out that this issue is not unique to the state. Several other states in India face similar challenges, where Governors delay the processing of bills, effectively undermining the legislative authority of State Assemblies.
The Supreme Court is expected to consider Kerala’s plea after the Christmas break. The outcome of this case could have significant implications for the balance of power between State Legislatures and Governors across India, clarifying the constitutional responsibilities of Governors in the legislative process.
Also read-Supreme Court Forms Committee For Streamlining Adjournment SOP (lawchakra.in)
