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Synopsis

The Supreme Court of India has today issued notice to the Ministry of Home Affairs and the Governor of Kerala on a plea filed by the state's government challenging Governor Arif Mohammed Khan's decision to reserve bills for assent of President as unconstitutional.

"This is completely otiose...I am challenging the reference of the bills to the President itself..", Senior Advocate KK Venugopal told the top court today.

CJI DY Chandrachud led bench was further told that a petition was pending before the supreme court over formulation of guidelines for when Governor can deny assent to bills or withhold assent.

Kerala has also sought a direction to declare withholding of assent by the President on four bills as unconstitutional.

"The conduct of the Governor in keeping Bills pending for long and indefinite periods of time, 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," it has said.

The plea states, equally the aid and advise 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.

In its plea, the state government was aggrieved with the acts of the Governor, in reserving whole seven bills, which he was required to deal with himself, to the President, though not a single one among them related to Centre-state relations. 

"These seven 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," it contended.

The Kerala government relied upon the Supreme Court's order in 'State of Telangana v. Secretary to her Excellency the Hon’ble Governor for the State of Telangana' (2023) stating the first proviso to Article 200 states that the Governor may “as soon as possible after the presentation” of the Bill for assent, return the Bill if it is not a Money Bill together with a message for reconsideration to the House or Houses of the State Legislature. The expression “as soon as possible” has significant constitutional content and must be borne in mind by constitutional authorities.

Among its prayers, the state government asked the court to declare that the act of the Governor of Kerala in reserving the seven bills viz. 1) University Laws (Amendment) (No. 2) Bill, 2021 - Bill No. 50, 2) University Laws (Amendment) Bill, 2021 – Bill No. 54, 3) the Kerala Co-operative Societies (Amendment) Bill, 2022 - Bill No. 110, 4) the University Laws (Amendment) Bill, 2022 - Bill No. 132, 5) Kerala Lok Ayukta (Amendment) Bill, 2022 – Bill No.133, 6) The University Laws (Amendment) (No. 2) Bill, 2022 - Bill No. 149, and 7) The University Laws (Amendment) (No. 3) Bill, 2022 - Bill No. 150 for the consideration of the President was illegal and lacks in bona fide.

Cause Title: State of Kerala vs. Union of India