On Friday, the Supreme Court directed Governor Arif Mohammed Khan to consult the judgment in the Punjab Governor’s case regarding delayed action on bills. The court adjourned the hearing of the petition filed by the Kerala Government, accusing the Governor of withholding assent to eight bills cleared by the Assembly, until November 28.
Chief Justice D Y Chandrachud instructed Attorney General R Venkataramani, stating, “We uploaded the order in the Punjab matter last night. Ask the Governor’s secretary to look at the order and tell us on Tuesday what your response is.”
In a similar petition by the Punjab Government, the Supreme Court ruled that if a Governor decides to withhold assent to a bill, it must be returned to the legislature for reconsideration. The court emphasized that the practice of Governors acting on bills only after the state government approached the court must cease.
The judgment affirmed that the Governor, as an unelected Head of the State, cannot use constitutional powers to obstruct the legislative process. In the Punjab case, bills were kept pending by doubting the validity of the assembly session. The Governor’s inaction prompted the government to approach the Supreme Court, invoking Article 32 of the Constitution.
The Kerala government alleges that the Governor’s delay in assenting to eight bills defeats the rights of the people. It contends that this inaction causes injustice and violates Article 14 of the Constitution. The bills, with varying periods elapsed since presentation, include amendments to university laws, cooperative societies, and public health. The government emphasizes the immense public interest and welfare measures at stake, urging a resolution to the prolonged delays.
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