The Kerala government has taken its concerns to the Supreme Court, claiming that Governor Arif Mohammed Khan has been delaying the consideration of several bills passed by the State Assembly. The State Government argues that this delay is a failure of the Governor’s constitutional duties, affecting the fundamental principles of the Constitution, such as the rule of law and democratic governance, as well as the rights of the people to benefit from these bills.
According to the State Government, eight bills have been pending for a significant amount of time. Three bills have been awaiting the Governor’s assent for over two years, and three others for over a year. The State government lists these bills along with the time they have been waiting for consideration:
1. University Laws Amendment Bill (1st Amendment) 2021 – 23 months
2. University Laws Amendment Bill (1st Amendment) 2021 – 23 months
3. University Laws Amendment Bill (2nd Amendment) 2021 [APJ Abdulkalam Technical University (Mal)] – 23 months
4. Kerala Co-operative Societies Amendment Bill 2022 [MILMA] – 14 months
5. University Laws Amendment Bill 2022 – 12 months
6. Kerala LokAyukta Amendment Bill 2022 – 12 months
7. University Laws Amendment Bill 2022 – 9 months
8. Public Health Bill 2021 – 5 months
The State government asserts that the Constitution expects the Governor to promptly handle presented bills, typically within a few weeks. These bills often concern significant public interests and welfare measures, which the delay can deny to the people of Kerala.
The State has filed a writ seeking a declaration from the Supreme Court that the Governor is obligated to dispose of bills within a reasonable timeframe. They also seek a specific declaration that the Governor has failed in his constitutional powers and duties by delaying the bills’ consideration.
The plea argues that this conduct is arbitrary and violates Article 14 of the Constitution, in addition to depriving the people of Kerala of the benefits of welfare legislation enacted by the State Assembly under Article 21.
The petition has been prepared by Former Attorney General for India KK Venugopal and filed through Advocate CK Sasi.
This situation in Kerala echoes recent concerns in Tamil Nadu, where the state government accused Governor Dr. RN Ravi of obstructing the State Legislative Assembly’s functioning by excessively delaying the consideration of bills. The Tamil Nadu government seeks a specific timeline for the Governor to deal with pending bills.
In a similar case involving the State of Telangana earlier this year, the Supreme Court observed that Governors should return bills “as soon as possible” in accordance with Article 200 of the Constitution.
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