
Supreme Court to Consider Guidelines for Governors on Assenting to Bills
Supreme Court to Consider Guidelines for Governors on Assenting to Bills
The Supreme Court of India expressed concern over the Kerala Governor Arif Mohammed Khan’s prolonged delay in assenting to bills passed by the state legislature. Noting that the governor has been “sitting” on these bills for two years, the Court is considering establishing guidelines for when governors can refer bills to the President of India for assent.
Governor’s Actions and Supreme Court’s Response
Out of eight bills under consideration, the Kerala governor has reserved seven for the President’s consideration and assented to one. Chief Justice D Y Chandrachud, leading the bench, questioned the governor’s prolonged inaction on these bills. The bench, also including justices J B Pardiwala and Manoj Misra, emphasized the importance of accountability to the Constitution in this context.
Dialogue Encouraged Between Governor and State Government
The Supreme Court directed the governor to discuss the pending legislations with Kerala Chief Minister Pinarayi Vijayan and the concerned minister. This step aims to bring about some “political sagacity” in resolving the issue. The Court hopes for a constructive outcome from these discussions, failing which it is prepared to lay down legal guidelines.
Kerala Government’s Plea and Proposed Amendments
The Kerala government, represented by senior advocate K K Venugopal, urged the Court to establish guidelines on presidential assent for bills. The government’s plea also highlighted the need for timely decision-making by governors to ensure effective governance and avoid acting as adversaries to state assemblies. The Court has allowed the state to amend its plea, reflecting the need to address this constitutional issue.
Implications of the Delay
The delay by the governor in granting assent to bills is seen as impeding governance and depriving the people of Kerala of welfare measures and rights. The Supreme Court’s decision to potentially establish guidelines could have significant implications for the role of governors in the legislative process and the balance of power between state governments and the governor’s office.
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