The Kerala government has once again filed a petition in the Supreme Court against Governor Arif Mohammed Khan, this time over a state high court order that declined to fix a timeline for the governor to clear Bills.
The state government has accused Khan of trying to “defeat the rights of the people” of the State by indefinitely sitting on crucial Bills, especially those addressing post-COVID public health concerns.
Earlier this month, the state had filed a writ petition in the top court claiming inaction by the governor in relation to eight Bills passed by the Assembly.
The Kerala High Court, in an order dated November 30, 2022, had disposed of a petition which sought a declaration that the governor’s action in withholding assent to Bills “indefinitely” is “arbitrary”.
It said: “Even under a parliamentary democracy, when the Hon’ble Governor is left with discretion under Article 200 of the Constitution of India, it may not be appropriate for the courts to issue any direction to the Governor of a State to exercise the discretion within a time frame to be fixed by the Court.” Challenging this order, Kerala government’s plea sought appropriate orders from the SC “in relation to the inaction on the part of the… Governor of the State in relation to as many as 8 Bills passed by the State Legislature and presented to the Governor for his assent under Article 200 of the Constitution”.