The Kerala Government has taken its case to the Supreme Court,
challenging the High Court’s dismissal of a Public Interest Litigation (PIL) against the Governor of Kerala, Arif Mohammed Khan. The PIL, filed by a lawyer, contested the Governor’s withholding of bills passed by the State legislature without following the process outlined in Article 200 of the Constitution.
In its November 2022 order, the High Court had stated that it could not impose a specific time limit for the Governor to grant assent to bills. The High Court argued that, in a parliamentary democracy, when the Governor has discretion under Article 200 of the Constitution, it may not be appropriate for the Court to dictate a time frame for exercising that discretion.
The Kerala High Court’s decision, issued by a Division Bench led by Chief Justice S. Manikumar and Justice Shaji P. Chaly, is now being contested in the Supreme Court.
Recently, the Kerala Government filed a writ petition under Article 32 in the Supreme Court, alleging that the Governor was unreasonably delaying the consideration of bills passed by the State Assembly. The Government claimed that the Governor’s actions amounted to a failure of his constitutional duties, resulting in undue delays in the review of over eight pending bills.
The Special Leave Petition filed to challenge the High Court’s judgment contends that the Governor’s withholding of bills, many of which concern matters of significant public interest, is depriving the people of the State of important welfare measures. The SLP argues that the Governor’s conduct threatens to undermine the fundamental principles of the Constitution, including the rule of law and democratic governance, as well as the people’s rights to welfare measures outlined in the bills.
The State asserts that the term “as soon as possible” in the main proviso of Article 200 means that pending bills must be addressed urgently and expediently, without unnecessary delays. The State highlights that eight bills passed by the State Legislature have not seen any action from the Governor. Three of these bills have been pending for over two years, while three others have been pending for over a year. The State has requested the Supreme Court to direct the Governor to exercise his powers under Article 200 for each of the pending bills.
During a similar petition filed by the State of Punjab on Monday, a bench led by Chief Justice of India DY Chandrachud emphasized that Governors cannot indefinitely delay bills. The bench has agreed to review Kerala’s petition and a similar one from Tamil Nadu, along with Punjab’s case, on the upcoming Friday.
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