Kerala Govt Takes Governor to SC Over Delayed Bill Approvals
Kerala Govt Takes Governor to SC Over Delayed Bill Approvals
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New Delhi: The state of Kerala has taken the legal route to resolve a contentious issue as it calls upon the Supreme Court to intervene in a longstanding dispute between the state government and Governor Arif Mohammed Khan. The dispute centers around a set of eight bills, with three of them languishing unresolved for over two years. Chief Minister Pinarayi Vijayan's administration is now seeking judicial intervention to compel Governor Khan to expedite the processing of these bills.

In a formal petition submitted to the Supreme Court, the Kerala government is requesting "appropriate directives from the esteemed court in response to the Governor's inaction on the eight bills." The petition contends that "the Governor is obligated to promptly address each bill presented to him, a duty that aligns with the democratic process and the public's need for timely welfare measures and laws affecting their interests." According to the petition, the Governor's prolonged inaction amounts to a failure in exercising his constitutional powers and responsibilities.

Of the eight bills currently awaiting approval, three have remained unresolved for approximately two years, while three others have been pending for over a year. One of these pending bills aims to remove Mr. Khan from his role as the Chancellor of state-run universities. The Governor has previously accused the ruling party of appointing family members of party leaders to significant positions.

The government's petition underscores that the Governor had previously expressed satisfaction with the legislative competence of the state, indicating that he should grant assent to the bills. Therefore, the ongoing delay in addressing these bills is deemed arbitrary, unlawful, and tantamount to a dereliction of constitutional duties, as argued by the government.

Tensions between Chief Minister Vijayan's government and Governor Khan have been escalating over the past few years, leading to multiple confrontations. Most recently, Mr. Khan accused Mr. Vijayan of neglecting his constitutional responsibility to brief the Head of State, alleging that the Chief Minister sends Cabinet Ministers and officials to Raj Bhavan instead.

The Kerala government's move comes in the wake of a similar dispute in neighboring Tamil Nadu, where the ruling DMK has accused Governor RN Ravi of deliberately delaying the clearance of bills sent to him. The Tamil Nadu government contends that bills and orders forwarded to Mr. Ravi are not being approved promptly, with a backlog of twelve bills, four prosecution sanctions, and files concerning the early release of 54 prisoners.

In April of this year, while considering a similar petition filed by Telangana against its Governor, the Supreme Court emphasized the need for Governors to return bills "as soon as possible" as outlined in Article 200.

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