Kerala government moves Supreme Court against President Murmu withholding assent to its bills

New Delhi: The Kerala government has questioned before the Supreme Court a decision by Governor Arif Mohammed Khan to reserve bills for the assent of President as "unconstitutional", though not a single one among them related to Centre-state relations.

The LDF asked the top court to declare withholding of assent by the President on four bills among them as "unconstitutional" for not assigning any reason for it, in a highly arbitrary action, violating Article 14 of the Constitution, as well as Article 200 and 201 thereof.

In its plea, the state government said 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 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, the state government said.

The Kerala 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, subverted and disrupted the federal structure of the Constitution, and is a grave encroachment into the domain entrusted to the State.

Earlier, the Kerala government had moved the Supreme Court over the "undue delay" on part of the Governor in giving assent to the bills.

Amidst the tiff between the Governor and the left-front government over a host of issues, the Governor had referred seven bills to the President in November, 2023.

In February, 2024, President gave assent to the bill amending the Lok Ayukta Act by including provisions that empowers government to review Lok Ayukta orders disqualifying public servants. Three bills pertaining to removing Governor from post of chancellor of universities and changing the constitution of the vice-chancellor search panel to give the ruling party an upper hand were withheld by the President.