Kerala moves Supreme Court against governor’s reservation of 7 bills for presidential assent

The state said none of the bills dealt with Madhya Pradesh nexus.

New Delhi:

The Kerala government has moved the Supreme Court against Governor Arif Mohammad Khan’s decision to retain seven bills for the assent of President Drupadi Murmu, calling it “manifestly arbitrary”.

In the petition, the Kerala government sought a declaration of the Kerala Governor’s reservation of seven bills – the Universities Laws (Amendment) (No. 2) Bill, 2021; Universities Laws (Amendment) Bill, 2021 Year; Kerala Co-operative Societies (Amendment) Bill, 2022; Universities Act (Amendment) Bill, 2022; Kerala Lok Ayukta (Amendment) Bill, 2022; Universities (Amendment) Act, 2022 No.) Bill, 2022; and the Universities Laws (Amendment) (No. 3) Bill, 2022 for consideration by the President are illegal and insincere.

“The conduct of the Governor by keeping the bill pending for a long and indefinite period and then by retaining the bill for consideration by the President without any constitutionally relevant reasons is patently arbitrary and in violation of Article 14 of the Constitution. Likewise, aid and India The Union recommendation to the President not to give assent to four bills which are entirely within the ambit of the state without disclosing any reasons is also manifestly arbitrary and in violation of Article 14 of the Constitution,” the Kerala government said .

“Moreover, the impugned conduct deprives the people of Kerala of their rights under Article 21 of the Constitution and deprives them of the benefits of the welfare legislation enacted by the State Assembly,” it added.

In a petition filed by lawyer CK Sasi, the Kerala government said the matter is related to the conduct of the Governor of Kerala, who submitted seven bills to the President of India that he was asked to take personally, though not one of them involved central state relations.

“These seven bills have been awaiting the Governor for approximately two years. The Governor’s actions in shelving these bills for up to two years have upended the operations of the state Legislature and rendered its very existence ineffective. These bills include bills intended for the public Bills of public interest enacted in the interest of the State, but these also became invalid as the Governor did not dispose of each bill ‘as expeditiously’ as required under the proviso to Article 200,” the Kerala government said.

The state government calls the bill unconstitutional, prima facie illegal, insincere, contrary to the federal structure of our constitution and patently arbitrary.

The state government pointed out that the governor often addressed the media and publicly criticized the state government and the chief minister, particularly on whether the president’s reservations had therefore led to the submission of bills that had become controversial. To spend up to two years waiting before the governor for a decision from the President is a gross injustice to the office he holds and his constitutional responsibilities.

“It can only be said that the Governor is ready to make the Government of Kerala and the State Legislative Assembly function in accordance with the Constitution and the law at any cost,” the Kerala government said.

Earlier, the Kerala government had approached the Supreme Court over the governor’s inaction on the pending bill.

Later, the Supreme Court expressed strong disapproval of the governor’s action and noted that the Kerala governor, after filing these proceedings, had exercised his powers and approved one bill proposed by the state government and reserved seven bills for consideration. president.

The Supreme Court later reiterated its verdict against the Punjab government and said the power of the governor cannot be used to suspend the legislative activities of the Legislature.

At that time, the Kerala government filed a petition in the Supreme Court accusing Governor Arif Mohammed Khan of inaction on eight bills passed by the state assembly and violating Article 200 of the Constitution. submitted for his approval.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)