Kerala moves SC over delay in President’s assent to bills

Governor’s action to be questioned

BBN Bureau

New Delhi: In a rare move, Kerala has approached the Supreme Court due to the indefinite delay in President Droupadi Murmu’s assent to four Bills passed by the Kerala Assembly, without any explanation provided.

The state has brought the office of the State Governor, Arif Mohammed Khan, into question for withholding the Bills for an unspecified period before forwarding them to the President for consideration.

In its appeal petition filed on March 23, Kerala argues that the President’s action in withholding assent for the four Bills without explanation was arbitrary and violated Articles 14, 200, and 201 of the Constitution. Kerala asserts that the referral of the seven bills to the President must be revoked on grounds of Constitutional morality.

The respondents listed in the petition include the Secretary to the President, the Kerala Governor, and the Additional Chief Secretary of the Governor.

Kerala further contends that the Center’s advice to the President to withhold assent to Bills passed by the Legislative Assembly 11 to 24 months ago, which fall within the state’s jurisdiction, undermines the federal structure of the Constitution.

The petition emphasizes that the reasons provided by the Governor for reserving the Bills for the President’s consideration were unrelated to the Union of India or the relationship between the Kerala Legislature and the Union. The Governor’s actions disrupt the delicate balance envisioned by the Constitution among the three branches of the State, rendering the functioning of the elected executive and the State Legislature ineffective. Additionally, these actions undermine the federal structure of the Constitution by reserving Bills that are entirely within the state’s jurisdiction.