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Synopsis

Kerala government has filed a plea in the Supreme Court, challenging Governor Arif Mohammed Khan's decision to reserve bills for assent of President as unconstitutional.

It 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 said.

The plea said 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.

"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," the plea added.

The writ petition filed by the LDF government also prayed the court to direct the act by the Governor in reserving seven bills for consideration of the President as illegal and lacking in bona fide.

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.

"Not dealing with the bills presented for assent for periods as long as 24 months, or 7 months to 16 months, the Governor has rendered ineffective and otiose the functioning of a limb of the State under the Constitution, i.e. the legislative assembly. The very existence of the Legislative Assembly of the State has been rendered meaningless by the Governor, though the Governor is a part of the Legislative Assembly," it said.

The plea contended to refer bills which have been pending before the Governor for as long as two years to the President is "grave injustice to the post that the Governor holds and to his constitutional duties as well. One can only say that at no cost was the Governor prepared to allow the Government of Kerala and the State Legislative Assembly to function in accordance with the Constitution and the laws".

The state government contended the Governor of Kerala acted only after the State of Kerala had approached the Supreme Court earlier by granting assent to only one bill, while referring the rest of the bills, seven in number, to the President, who has thereafter withheld assent from four of these bills.

It stated the reference of each of the seven bills to the President has to be recalled, inter alia on the ground of constitutional morality.

"The actions of the Governor also subvert the federal structure of the Constitution, by reserving for the President (acting on the aid and advice of the Union Cabinet) bills which are wholly within the domain of the State under the Constitution," the plea said.

The state government also contended the actions of the Union Government, in advising the President to withhold assent to bills passed by the State Legislative Assembly as long as 11-24 months back, and which were wholly within the domain of the State Government, subverted and disrupted the federal structure of the Constitution, and is a grave encroachment into the domain entrusted to the State.

"President, has not given any reason whatsoever for withholding assent for four out of the seven Bills reserved by the Governor. This is a highly arbitrary action, violating Article 14 of the Constitution, as well as Article 200 and 201 thereof," it said.

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