Kerala government moves Supreme Court against Governor Arif Mohammed Khan over pending Bills

Kerala govt seeks Supreme Court declaration that Governor Arif Mohammed Khan failed to exercise Constitutional powers on Bills passed by State Legislature. It argued that Governor subverted Constitution and acted arbitrarily by keeping Bills for indefinite period. It seeks direction to Governor to dispose of pending Bills without delay. Petition also pointed out that Governor's conduct threatened to defeat and subvert the fundamentals of Constitution. It further stated that Governor appeared to view granting assent to Bills as matter of absolute discretion. Govt. seeks SC declaration that Governor failed to discharge duties as Governor.

The Kerala government has sought a declaration from the Supreme Court that Kerala Governor Arif Mohammed Khan has “failed to exercise his Constitutional powers and duties” in holding the Bills passed by the State Legislature for a long and indefinite period.

Kerala raised the demand in a special leave petition moved before the Supreme Court on November 2, 2023.

T.P. Ramakrishnan, MLA, too filed a petition before the apex court on the issue.

The Kerala government argued that the Governor subverted the Constitution and acted in a manifestly arbitrary manner by keeping the Bills passed by the State Legislature for an indefinite period. It also sought to get a declaration from the apex court that the Governor was bound to dispose of every Bill presented to him within a reasonable time. The Governor shall also be directed to dispose of the pending Bills without any further delay, the State submitted.

The Hindu had earlier reported that the Kerala government and a CPI(M) legislator would together take the Governor to the top court on the issue of pending Bills.

Of the eight Bills passed by the Legislature, three were pending with the Governor for more than two years, and three others for more than one year. The conduct of the Governor threatened to defeat and subvert the very fundamentals and basic foundations of the Constitution, including the rule of law and democratic good governance, Kerala argued in the petition.

It further pointed out that the Kerala Private Forest (Vesting and Assignment) Bill, 2023, which was presented to the Governor on April 6, 2023, was disposed of by him on September 18, which indicated that the non-disposal of the earlier Bills was a conscious act.