SC Set To Hear Kerala, Tamil Nadu Governments' Plea Against Governors For Delaying Crucial Bills, Returning Them Without 'Assigning Any Reasons'

On 20 November, the Tamil Nadu government is expected to inform the Supreme Court about its state legislative Assembly's re-adoption of 10 crucial Bills that were previously returned by Governor R N Ravi without providing any reasons, after a prolonged period of inaction.

In a similar vein, the state of Kerala is gearing up to challenge its Governor, Mohmmad Arif Khan, in the apex court for delaying several key Bills, some of which have been pending for almost two years.

Accusing the Governor of undermining the rights of the people by withholding the passage of eight Bills related to public health, higher education, Lokayukta, among other issues, Kerala is prepared to present its case in court.

Tamil Nadu and Kerala, both non-Bharatiya Janata Party (BJP) ruled states, are among several states taking legal action against their Governors.

Represented by senior advocates A M Singhvi, P Wilson, and advocate Sabarish Subramanian, Tamil Nadu, and Kerala, represented by senior advocate K K Venugopal and advocate C K Sasi, are scheduled to appear before a three-judge bench headed by Chief Justice of India D Y Chandrachud on 20 November.

The Chief Justice had recently emphasised the need for state Governors to engage in self-reflection and take prompt action without requiring parties to approach the Supreme Court.

This comment came during a hearing on Punjab's plea regarding delays caused by its Governor Banwarilal Purohit.

Tamil Nadu government has accused Governor Ravi of acting like a political rival, creating a constitutional deadlock, and causing unwarranted delays in considering and assenting to Bills passed by the Legislature.

The court had issued notices to the union of India and requested the Home Ministry's response, with the Attorney General of India or the Solicitor General of India required to be present in court on 20 November.

Kerala, having moved the Supreme Court twice against the Governor's inaction, asserts that the Governor's lack of urgency violates the fundamental right to life and constitutes a manifestly arbitrary conduct, violating constitutional principles.

The state argues that the Governor's prolonged delays in dealing with Bills amount to a subversion of the Constitution and lead to grave injustice for the people of Kerala.