Published 12:20 IST, November 2nd 2023
Kerala govt moves SC against Governor Arif Mohammed Khan over pending bills
The petition alleges the Governor's inaction on eight bills passed by the state legislature and presented for his assent under Article 200 of the Constitution.
The Kerala government has filed a writ petition in the Supreme Court against Governor Arif Mohammed Khan. The petition alleges the governor's inaction on eight bills passed by the state legislature and presented for his assent under Article 200 of the Constitution.
According to the petition, of the eight bills, three have been pending before the Governor for more than two years. The government's move is a response to what it perceives as a threat to the very foundations of the constitution, including the principles of the rule of law and democratic governance, as well as the rights of the state's citizens to welfare measures outlined in the pending bills. "The conduct of the governor as would presently be demonstrated threatens to defeat and subvert the very fundamentals and basic foundations of our constitution, including the rule of law and democratic good governance, apart from defeating the rights of the people of the state to the welfare measures sought to be implemented through the Bills", the petition read.
The eight pending bills are as follows:
- University Laws Amendment Bill (1st amendment) 2021 Bill no 50
- University Laws Amendment Bill (1st amendment) 2021 Bill no 54
- University Laws Amendment Bill (2nd amendment) 2021
- Kerala Co-operative Societies Amendment Bill 2022
- University Laws Amendment Bill 2022
- Kerala Lokayukta Amendment Bill 2022
- University Laws Amendment Bill 2022
- Public Health Bill 2021
Earlier, Chief Minister Pinarayi Vijayan emphasised that “As per the constitution, the Governor cannot unnecessarily delay the bills sent to him after the Assembly passes them.” Subsequently, Governor Arif Mohammed Khan expressed reservations about CM Vijayan's irregular communication of government activities, which he claims is the Chief Minister's constitutional obligation.
With this, Governor Arif Mohammed Khan now joins the ranks of Tamil Nadu Governor RN Ravi and Punjab's Governor Banwarilal Purohit, who have faced similar petitions in the Supreme Court, alleging delays in clearing bills.
The move by the Kerala government is reminiscent of a similar action taken by the Tamil Nadu government, which accused Governor RN Ravi of obstructing the Legislative Assembly from performing its duties. In their petition, the state government alleged that the governor not only kept multiple bills pending but also failed to authorize investigations and prosecutions in several corruption cases.
(With reports from agencies)
Updated 12:20 IST, November 2nd 2023