Overview
Kerala is now the most recent state, ruled by an opposite political party, to approach the Supreme Court regarding the Governor. The Kerala Government seeks the court’s declaration that Arif Mohammed Khan, Governor of Kerala, has neglected his constitutional responsibilities by indefinitely delaying the approval of bills passed by the legislature.
What are the allegations by the Kerala Government levelled against the Governor?
The Kerala government has levelled an accusation against Governor Arif Mohammed Khan, alleging his refusal to grant permission to eight bills approved by the state legislative assembly under Article 200. According to the the government’s plea, three bills have been awaiting the Governor’s approval for over two years and an additional three for over a year.
The government argues that the Governor’s actions jeopardise the core principles of the Constitution, such as the rule of law and democratic governance. Furthermore, the petition claims that these actions undermine the rights of the state’s residents to benefit from the welfare measures outlined in the bills.
According to the Kerala government, the Governor approved the Kerala Private Forest (Vesting and Assignment) Bill, 2023, submitted to him on April 6, 2023, on September 18. The plea argues that this demonstrates a deliberate decision to withhold approval for the earlier bills, characterising it as a “conscious act.”
The petition of the Kerala Government further asserts that a governor who acts with blatant disregard and violation of the constitutional provisions cannot be considered as fulfilling the responsibilities inherent in the role of a governor.
The state government highlighted that in the case of ‘Purushothaman Nambudiri vs the State of Kerala‘ (1962), a five-judge Constitution bench expressed the perspective that Article 200 of the Constitution does not specify a specific time limit within which the Governor must decide on the bill referred to them for their permission.
It may be recalled that previously, the Tamil Nadu government also sought the Governor’s removal, and preceding that, the state of Punjab had made a similar request. The Telangana government, too, had submitted a plea addressing the lack of action on bills referred to the Governor. The Supreme Court disposed of this case on April 24, 2023, emphasising that the phrase “as soon as possible” carries substantial constitutional significance and should be duly considered by constitutional authorities.
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