SC to hear Kerala govt’s plea on Governor’s pending bills on Tuesday
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New Delhi: The Supreme Court on Tuesday is slated to hear a plea filed by the Pinarayi Vijayan-led Kerala government against a decision rendered by the Kerala High Court refusing to lay down any fixed timeline for Governor Arif Mohammed Khan to assent bills.
As per the causelist published on the website of the apex court, a bench headed by CJI D.Y. Chandrachud and Justices J.B. Padiwala and Manoj Misra will hear the matter on November 28.
The special leave petition filed by the Kerala government questions the High Court’s dismissal of a PIL filed by a practising advocate seeking a declaration that the actions of the Governor in withholding the bills indefinitely are contumacious, arbitrary, despotic and antithetical to the democratic values.
The Public Interest Litigation (PIL) had said that the Governor has no power to withhold the bills ad infinitum (infinitely) and he has the Constitutional obligation under Article 200 of the Constitution of India to exercise the discretionary powers on the bills without any procrastination.
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It demanded that on the legislative bills presented by the State Legislature, the Governor should act within a period of two months from the date of receipt.
“It is the Constitutional obligation of the Hon'ble Governor, either to give assent to a Bill or send it back for reconsideration by the Legislature or reserve it for consideration by the Hon'ble President,” contended the plea filed before the High Court.
It added that the National Commission to Review the Working of the Constitution (NCRWC), Sarkaria Commission and Justice M.M. Punchhi Commission have recommended that there should be a time frame within which the President or Governor has to exercise their discretionary power.
Recently, the Supreme Court had suggested to the Kerala Governor to go through the judgment delivered by the apex court in the Punjab Governor's case.
The Kerala government has accused the Governor of not granting assent to eight bills cleared by the state Assembly. The government, in its petition before the apex court, said the Governor’s “inaction” in giving assent to the Bills is “defeating the rights of the people”.
With inputs from agencies
