The Kerala High Court on Wednesday dismissed a Public Interest Litigation (PIL) petition challenging the action of Governor Arif Mohammed Khan, in withholding the Bills passed by the state legislature for an indefinite time, without adopting any of the courses envisaged under Article 200 of the Constitution.
A division bench comprising Chief Justice S ManiKumar and Justice Shaji P Chaly dismissed the petition filed by an advocate, observing that court cannot fix a time limit for the Governor to give assent to the Bills.
The petitioner, PV Jeevesh, in his plea has feared a constitutional impasse in the state because of the non-exercise of discretionary powers by the Governor on the Bills passed by the state legislative assembly. The petitioner averred that the Legislative Assembly of the State of Kerala had presented a set of Bills before the Governor for his assent, but the Bills were put on hold, since the Governor has not given his assent, nor has he exercised any of the options available under Article 200 of the Constitution.
The petitioner submitted that it is the constitutional obligation of the Governor to either give assent to the Bill or to send it back for reconsideration or reserve it for consideration by the President of India, but no such action has been taken on the Bills referred to him, so far.
The plea said that the Governor should not act contrary to the advice of the council of ministers just because he does not like the policy in the bill and hence, the actions of the Governor are malafide, arbitrary, and antithetical to democratic values.
“ The action of the Governor is antithetical to the democratic values, ideals of the cabinet form of Government, and principles of democratic constitutionalism”, said the petitioner.