Kerala Moves Supreme Court Second Time Against Governor Arif Mohammed Khan, Accuses Of Indefinite Delay In Crucial Bills

On 8 November 2023, Kerala has filed a second petition with the Supreme Court against Governor Arif Mohammed Khan.

The state accused him of intentionally delaying important Bills, particularly those related to post-COVID public health concerns, in an attempt to undermine the rights of the people.

Advocate C K Sasi, representing the state, argued that the Governor's arbitrary display of indifference disregards the fundamental right to life of the people of Kerala.

The Governor's actions of indefinitely delaying Bills is clearly arbitrary and a violation of Article 14 of the Constitution, which guarantees the right to equality.

Moreover, it undermines the rights of the people of Kerala under Article 21, which protects the right to life, by depriving them of the benefits of welfare laws passed by the state assembly.

The special leave petition, consisting of 461 pages, is an appeal against a Kerala High Court judgment from 30 November of the previous year.

The judgment had declined to establish a specific time frame for the Governor to address Bills presented under Article 200 of the Constitution.

Kerala argued that according to the first provision to Article 200, the Governor must promptly consider and take action when a Bill is presented for assent.

The Governor has three options: to give assent to the Bill, to return it with a message to the House, or to refer it to the President.

However, the Article also stipulates that the Governor must act 'as soon as possible' — meaning within a reasonable time.

The state's senior advocate, K K Venugopal, who is representing Kerala in the case, recently informed the Supreme Court that despite Kerala's decision to approach the top court against him, the Governor remains unaffected.

In addition to Kerala, other states not ruled by the Bharatiya Janata Party have also filed cases with the Supreme Court, accusing their Governors of causing unreasonable delays in passing important Bills into law.

They also have pending bills that cover various sectors including public health, higher education, Lokayukta, and cooperative societies.

The government of Tamil Nadu has accused Governor R N Ravi of disregarding the will of the people by not taking action on the Bills.

They claim that the Governor has positioned himself as a political opponent and his inaction has created a constitutional deadlock, as the Bills have been left untouched for several months.

Punjab has raised concerns about multiple Bills passed by the Vidhan Sabha being held up by the Governor, which poses a risk of disrupting the administration.

In April, the Supreme Court had to step in to address the issue of pending Bills in Telangana.

Advocate Dushyant Dave, representing the state, expressed concern that Governors in opposition-ruled states were exercising excessive power, leaving the legislatures at their mercy. The situation had become one where Governors were acting as a law unto themselves, he argued.