The Kerala government has filed a writ petition in the Supreme Court against Governor Arif Mohammed Khan, alleging his failure to take action on eight bills passed by the state legislature and presented to him for assent under Article 200 of the Constitution.
Arif Mohammed Khan now becomes the third Governor to face similar petitions in the top court, with allegations of delays in clearing bills, following Tamil Nadu Governor RN Ravi and Punjab’s Governor Banwarilal Purohit.
According to the petition, three bills have been awaiting the Governor’s approval for more than two years. The petition states, “The conduct of the governor, as we will demonstrate, threatens to undermine the very foundations of our constitution, including the rule of law, democratic governance, and the rights of the people of the state to the welfare measures intended through these bills.”
The bills currently pending include: University Laws Amendment Bill (1st Amendment) 2021 (Bill no. 50), University Laws Amendment Bill (1st Amendment) 2021 (Bill no. 54), University Laws Amendment Bill (2nd Amendment) 2021, Kerala Co-operative Societies Amendment Bill 2022, University Laws Amendment Bill 2022, Kerala Lokayukta Amendment Bill 2022, University Laws Amendment Bill 2022 and Public Health Bill 2021.
Chief Minister Pinarayi Vijayan had previously pointed out, “According to the constitution, the Governor cannot unduly delay the bills sent to him after they are passed by the Assembly.”
In response, Governor Arif Mohammed Khan expressed concerns that CM Vijayan does not regularly provide updates on government activities, which he argues is the constitutional duty of the Chief Minister.
In a similar move, the Tamil Nadu government had previously approached the top court, accusing Governor RN Ravi of obstructing the Legislative Assembly’s functions. The state government alleged that the Governor not only delayed several bills but also failed to authorize investigations and prosecutions in various corruption cases.
Furthermore, the Punjab Government also approached the Supreme Court against Governor Banwarilal Purohit for withholding approval of bills. However, Governor Purohit recently gave his assent to two bills, including The Punjab Goods and Services Tax (Amendment) Bill, 2023, and the Indian Stamp (Punjab Amendment) Bill, 2023.
