"For two years, what were you doing about the bills...": SC rebukes Kerala Governor

"For two years, what were you doing about the bills...": SC rebukes Kerala Governor

In a recent courtroom session, the Supreme Court delved into the contentious case of the Kerala government versus the Governor, raising critical inquiries about the Governor's handling of bills over the past two years. The Court, while emphasizing the constitutional accountability of the Governor, also acknowledged its own responsibility to the constitution and the citizens. Notably, the Court hinted at the possibility of formulating guidelines for decision-making concerning the orders of Governors.

During the hearing, a panel led by Chief Justice of India (CJI) DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, granted permission to the Kerala government to amend its petition, urging constitutional authorities in the state to exhibit political foresight. Attorney General R. Venkataramani, representing the Governor, expressed the Governor's willingness to address issues through a meeting with the Chief Minister and the relevant Minister.

CJI Chandrachud suggested that the Governor should invite the Chief Minister and the pertinent Minister linked to the pending bill for resolution. In the proceedings, Senior Counsel K. Venugopal, representing the Kerala government, highlighted that out of the eight pending bills, the Governor had sent seven to the President without providing any reasons. This lack of justification raised concerns, prompting calls for the court's intervention.

The presenting counsel on behalf of the Kerala government argued for the court to issue guidelines directing the Governor in making decisions on bills. This development follows the Supreme Court's previous issuance of notices to the Central government and the Governor's office regarding bills not receiving approval in the Kerala Legislative Assembly.

CJI D.Y. Chandrachud's bench instructed the Attorney General and the Solicitor General to present facts during the next hearing. The Kerala government accuses Governor Arif Mohammad Khan of inaction on bills passed by the Legislative Assembly, alleging suppression of crucial government legislation.

The petition asserts that the Governor's practice of keeping bills pending for an extended and undefined duration is arbitrary and infringes upon Article 14 (Right to Equality) of the Constitution. The state government contends that the Governor's failure to act on these bills deprives the public of their entitled rights and undermines the welfare measures proposed by the Legislative Assembly. The case underscores the delicate balance of powers and responsibilities between constitutional authorities, inviting the Supreme Court to play a pivotal role in ensuring adherence to constitutional principles.

Case: State of Kerala and anr vs Hon'ble Governor for State of Kerala and ors.

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