In its petition, the Kerala government sought a declaration from the apex court that the governor has “failed to exercise his Constitutional powers and duties”
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The Kerala government has moved the Supreme Court against Governor Arif Mohammed Khan stating that the latter was delaying the Bills passed by the state assembly while “defeating the rights of the people of the State” and “violates Article 14 of the constitution”.
In its petition, the Kerala government sought a declaration from the apex court that the governor has “failed to exercise his Constitutional powers and duties” in holding the Bills passed by the State Legislature for a long and indefinite period.
It also sought to get a declaration from the court that the governor was bound to dispose of every Bill presented to him within a reasonable time. The Governor shall also be directed to dispose of the pending Bills without any further delay, the state government stated in its petition
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The state government, in its petition, further says eight the Bills passed by the Legislature, three were pending with the governor for more than two years, and three others for more than one year. The conduct of the governor threatens to defeat and subvert the very fundamentals and basic foundations of the Constitution, including the rule of law and democratic good governance.
It may be noted that the petition of the Kerala government comes, days after the Tamil Nadu government moved a plea in the Supreme Court against Governor RN Ravi over delay in clearing bills passed by the state legislative assembly, saying the latter has been “engaging in politically motivated conduct.”
The Kerala government has moved the apex court based on legal advice it received from eminent jurist. The Raj Bhavan’s assessment is that the apex will never suggest signing the bill within a time frame.
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