NEW DELHI: Kerala Govt on Saturday moved the Supreme Court against Governor Arif Mohammed Khan’s decision to reserve seven Bills for the consideration of the President after sitting on the Bills for over a year.
Kerala Govt in its petition requested the top court to declare the act of Kerala Governor in reserving the seven Bills, for the consideration of the President, as “ex facie illegal, lacking bona fides, in violation of the federal structure of our Constitution, and manifestly arbitrary.”
According to sources in the Supreme Court registry and staff, the plea of Kerala govt would likely to come up for hearing after the Holi vacation.
The Kerala govt, in its petition filed before the Supreme Court, has made the Union of India (UOI), the Secretary to the President of India, Kerala Governor Arif Mohammad Khan and his additional secretary as parties to the case.
“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,” the Kerala govt said in its petition.
The Governor of Kerala, who had reserved the seven bills for the consideration of the President are: University Laws (Amendment) (No. 2) Bill, 2021; University Laws (Amendment) Bill, 2021; the Kerala Co-operative Societies (Amendment) Bill, 2022 ; the University Laws (Amendment) Bill, 2022: Kerala Lok Ayukta (Amendment) Bill, 2022; The University Laws (Amendment) (No. 2) Bill, 2022 ;, and The University Laws (Amendment) (No. 3) Bill, 2022.
The Kerala govt also said that the aid and advise rendered by the UOI 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.
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, the Kerala govt said.
