'Governor Defeating Rights Of People': Kerala Government Moves Supreme Court Against Governor's Inaction In Assenting Bills

The Government of Kerala has approached the Supreme Court stating that the Governor of Kerala, Arif Mohammed Khan, is delaying the consideration of bills that the State Assembly has passed. The State Government has contended that the Governor has failed in his constitutional duties by causing unreasonable delay in considering over 8 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 State Government’s plea states.

The State Government has pointed out that there has been no action on as many as 8 Bills passed by the State Legislature and presented to the Governor for his assent under Article 200 of the Constitution. 3 bills have been pending with the Governor for more than 2 years, and 3 other bills have been pending for over a year, the Kerala Government has told the Apex Court.

The following are the bills pending consideration of the Governor and the time elapsed since its presentation:

University Laws Amendment Bill (1st Amendment) 2021 -23 months

University Laws Amendment Bill (1st Amendment) 2021-23 months

University Laws Amendment Bill (2nd Amendment) 2021 [APJ Abdulkalam Technical University (Mal)] -23 months

Kerala Co-operative Societies Amendment Bill 2022 [MILMA] -14 months

University Laws Amendment Bill 2022 -12 months

Kerala LokAyukta Amendment Bill 2022-12 months

University Laws Amendment Bill 2022 -9 months

Public Health Bill 2021 -5 months

The State Government has contended that the constitution mandates that the Governor must handle the presented Bill promptly, typically within a few weeks. This is because the State Legislature, through its elected representatives, has deliberated on the Bill and has determined that the public interest necessitates the swift conversion of Bills into law as an integral part of state governance, the plea argues.

“Many of the Bills involve immense public interest, and provide for welfare measures which would stand deprived and denied to the people of the State to the extent of the delay” the plea states.

The writ filed by the State seeks a declaration from the Apex Court that the Governor is bound to dispose of every bill presented to him within a reasonable time and without any delay. The writ also seeks a specific declaration that the Governor has failed in the exercise of his constitutional powers and duties by delaying the consideration of the pending bills on time. 

"The conduct of the Governor in keeping Bills pending for long and indefinite periods of time is also manifestly arbitrary and violates Article 14 of the Constitution. Additionally, it also defeats the rights of the people of the State of Kerala under Article 21 of the Constitution, by denying them the benefits of welfare legislation enacted by the State Assembly," the plea stated.

The petition has been settled by Former Attorney General for India KK Venugopal and filed through Advocate CK Sasi.

Notably, earlier this week, the Tamil Nadu Government had moved Supreme Court alleging that the Governor of the State of Tamil Nadu, Dr RN Ravi has positioned himself as a "political rival" to the State Government and is obstructing the State Legislative Assembly's ability to carry out its duties by excessively delaying the consideration of bills that the Assembly has passed. Asserting that the Governor’s inactions have caused a "constitutional deadlock between the Constitutional Head of the State and the Elected Government of the State", the State sought for a specified timeline by which the Governor shall dispose of all pending Bills, files, and Government orders forwarded by the Tamil Nadu Legislative Assembly.

In April this year, while considering a similar petition filed by the State of Telangana against the Telangana Governor, the Supreme Court had observed that the Governors should return the bills "as soon as possible" in terms of Article 200.

Case Title: State of Kerala V. Governor for State of Kerala