The Kerala government has filed an amendment petition in the Supreme Court, seeking a directive to lay down guidelines under which the Governor may reserve Bills presented to him for the consideration of the President, withhold his assent and return them to the state Assembly or any appropriate directions or order the Supreme Court deems fit to pass.
The amendment was made to the writ petition filed before the Supreme Court earlier. During the hearings of the petition earlier, senior advocate KK Venugopal, appearing for the State of Kerala, had told the Supreme Court that some of the bills were originally ordinances promulgated by the Governor under Article 213 of the Constitution, and there was no reason for the Governor to now refer them to the President. The Supreme Court then in its order had allowed the state government’s plea to include this point in the amended petition.
The Kerala government has sought the Supreme Court to interpret the phrase “as soon as possible” in the first provision of Article 200 of the Constitution on the timeline applicable to the disposal of the bills presented to the Governor.
The Kerala government, in its petition contended that the Governor’s actions were wrong and threatened the “basic foundations of our Constitution.” In the revised plea, Kerala government stated that the Governor has kept eight bills pending. These bills have been passed by the state Legislature and have been presented to the Governor for his assent under Article 200.
The petition further said that the Governor sat on the bills that were passed by the state legislature even up to three years. So, the apex court should pass directions in this regard. It also sought the Supreme Court to declare that the Governor failed to exercise his powers and duties under the Constitution through his inaction on the bills that were presented for his consideration.