Kerala government justifies SC appeal against President's withholding of bill assent

Kochi: The Kerala government on Saturday justified its move to approach the Supreme Court against President Droupadi Murmu for withholding assent to four bills passed by the state assembly, saying her action has "significant constitutional implications."

Kerala Law Minister P Rajeeve also reiterated the state government's unwavering commitment to align actions with the Constitution.

"We have taken our case to the Supreme Court due to its significant constitutional implications. Kerala is steadfast in its commitment to uphold actions in accordance with the Constitution. We trust that the Court will thoroughly review the matter," the minister told reporters in nearby Angamaly.

Rajeeve further said there was no institution in the country which is above the Constitution.

"There is no institution in India which is above the Constitution. We follow a parliamentary democracy under the Constitution. When a state assembly passes a Bill on a subject under the State List of the Constitution, the governor can either give assent or if it requires more clarity, then he or she can return it," the minister said.

Rajeeve added that the government cannot find any reason for these Bills to be sent to the President.

"Here, it was sent to the President. The President was not giving assent to the Bills and the Legislative Assembly has the right to know the reason behind it. Our Constitution is above the Legislative Assembly, the Parliament, the chief minister, the ministers, governors or even the president," he said.

We need to ensure that everything should be done in accordance with the Constitution of the country, Rajeeve added.

Senior Left leader and CPI(M) politburo member, M A Baby, claimed that the governors were acting extraordinarily these days and pointed out that the apex court had to recently interfere in an issue concerning Tamil Nadu.

The Supreme Court voiced serious concern over the conduct of Tamil Nadu Governor R N Ravi for his refusal to reinduct senior DMK leader K Ponmudy as a minister in the state Cabinet.

"Many governors appear to prioritise safeguarding the BJP's interest and fostering issues in opposition-led states. As per our Constitution, we are a Union of states. But under the BJP rule, there are no states. The ruling BJP dispensation is ignoring the rights of the states giving scant regard to the federal system," Baby told PTI.

He expressed hope that the Supreme Court will interpret the matter in a progressive and comprehensive manner as the current situation was "absolutely extraordinary".

The Left leaders' statements came shortly after the state government filed the plea in Court, naming the Union government, the Secretary to the President of India, Kerala Governor Arif Mohammad Khan, and his additional secretary as parties to the case.

In its plea, the state government requested that the President's refusal to grant assent to the bills the University Laws (Amendment) (No. 2) Bill, 2021; the Kerala Co-operative Societies (Amendment) Bill, 2022; the University Laws (Amendment) Bill, 2022; and the University Laws (Amendment) (No. 3) Bill, 2022 without stating any reason, be declared "unconstitutional".

Apart from several other reliefs, the state government also sought direction to declare Governor Khan's action of reserving a total of seven bills, including these four, for the consideration of the President, as "illegal".