A day after Chief Justice D Y Chandrachud expressed concern about the timing of governors’ actions on bills, Kerala Governor Arif Mohammed Khan made it clear that he would grant his assent to the pending bills only if Chief Minister Pinarayi Vijayan met with him and provided an explanation for the bills. In his statement, the Governor emphasized, “You don’t even have to wait for the verdict of the Supreme Court.”
Governor Khan refrained from commenting on the oral observations made by the Supreme Court, stating, “That is just an observation, not a verdict. So I refrain from making any comments.”
Chief Justice Chandrachud’s comments were prompted by a writ petition filed by the Punjab government, where he questioned why governors only acted on bills when they reached the Supreme Court. He cited a similar situation in Telangana where the Governor signed pending bills after the matter came before the court.
On November 2, the Kerala government also approached the Supreme Court to address the Governor’s prolonged delay in granting assent to bills passed by the Legislative Assembly. The state government expressed concerns that the Governor’s conduct could undermine the fundamental principles of the Constitution, including the rule of law and democratic governance.
The Governor had consistently argued that the Chief Minister was neglecting his Constitutional responsibility to brief him on state matters and had refused to meet ministers and senior officials representing the Chief Minister.
Several significant bills are awaiting the Governor’s approval, including the University Laws Amendment Bill (1st Amendment), University Laws Amendment Bill (2nd Amendment), APJ Abdul Kalam Technical University Bill, Kerala Co-operative Societies Amendment Bill, Kerala LokAyukta Amendment Bill, and Public Health Bill. Some of these bills, such as the University Laws, have been awaiting approval for over a year. These bills have significant implications, such as stripping the Governor of his powers as chancellor and transferring anti-corruption authority to the State Legislature through the Lok Ayukta Bill. The Supreme Court is set to address Kerala’s case on Friday, November 10.
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