Kochi: In an unprecedented move, the Kerala government has initiated legal action against President Droupadi Murmu for withholding assent to four bills passed by the state’s legislature without providing any explanation.
In a writ petition filed under Article 32 of the Constitution, the Kerala government also challenged Governor Arif Mohammed Khan’s action of referring the bills to the President after delaying those for an extended duration, arguing that none of the bills related to Centre-State relations and didn’t require Presidential assent.
In its plea, the state has argued that the act of the President in withholding assent to four bills was highly arbitrary and in violation of Articles 14, 200 and 201 of the Constitution.
The Kerala government has sought to declare the act of the Governor in reserving the seven bills –University Laws (Amendment, No. 2) Bill, 2021; University Laws (Amendment) Bill, 2021; Kerala Co-operative Societies (Amendment) Bill, 2022; University Laws (Amendment) Bill, 2022; Kerala Lok Ayukta (Amendment) Bill, 2022; University Laws (Amendment No. 2) Bill, 2022; University Laws (Amendment No. 3) Bill, 2022 — for the consideration of the President was illegal and lacks in bona fides.
“The conduct of the Governor in keeping Bills pending for long and indefinite periods, and thereafter reserving the Bills for the consideration of the President without any reasons relatable to the Constitution is manifestly arbitrary and violates Article 14 of the Constitution. Equally, the aid and advice rendered by the Union of India to the President to withhold assent from the four bills which are wholly within the domain of the State, while disclosing no reason whatsoever, is also manifestly arbitrary and violates Article 14 of the Constitution,” Kerala government submitted.
“Additionally, the actions impugned defeat 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,” it added.
In the petition filed through advocate CK Sasi, the Kerala government said that the matter relates to the acts of the Governor of Kerala, in referring the seven bills, which he was required to deal with himself, to the President of India, though not one among them relates to Centre-state relations.
“These 7 bills had been pending with the Governor for as long as about two years. The action of the Governor in keeping the bills pending for as long as two years has subverted the functioning of the legislature of the State and rendered its existence itself ineffective and otiose. The bills include public interest bills which are for the public good and even these have been rendered ineffective by the Governor not dealing with each one of them ‘as soon as possible’ as required by the proviso to Article 200,” Kerala government stated.
The state has listed Secretary to the President, Kerala Governor and Additional Chief Secretary to the Governor as respondents in the writ petition filed before the top court.
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