The Government of Kerala has taken the matter to the Supreme Court, asserting that the State Governor, Arif Mohammed Khan, is causing unwarranted delays in reviewing bills passed by the State Assembly.

The State Government argues that the Governor's actions amount to a breach of his constitutional responsibilities, particularly in the case of more than 8 pending bills.

The State Government has highlighted that a total of 8 bills, submitted to the Governor for approval under Article 200 of the Constitution, have seen no progress. Among these, 3 bills have been awaiting the Governor's assent for more than 2 years, while an additional 3 bills have been pending for over a year, as disclosed to the Supreme Court by the Kerala Government.

The following are the bills pending consideration of the Governor and the time elapsed since its presentation:

University Laws Amendment Bill (1st Amendment) 2021 -23 months

University Laws Amendment Bill (1st Amendment) 2021-23 months

University Laws Amendment Bill (2nd Amendment) 2021 [APJ Abdulkalam Technical University (Mal)] -23 months

Kerala Co-operative Societies Amendment Bill 2022 [MILMA] -14 months

University Laws Amendment Bill 2022 -12 months

Kerala LokAyukta Amendment Bill 2022-12 months

University Laws Amendment Bill 2022 -9 months

Public Health Bill 2021 -5 months

Further, the State Government argues that the constitution requires the Governor to expeditiously deal with the bills presented, usually within a few weeks. This is based on the premise that the State Legislature, comprising elected representatives, has thoroughly debated the bills and concluded that the public interest requires their timely transformation into law, an essential aspect of state governance, as asserted in their plea.

“Many of the Bills involve immense public interest, and provide for welfare measures which would stand deprived and denied to the people of the State to the extent of the delay” the plea states.

The writ filed by the State requests the Supreme Court to declare that the Governor is obligated to address each bill presented to him promptly and without undue delay. Additionally, the writ seeks a distinct declaration that the Governor has neglected to fulfill his constitutional powers and responsibilities by procrastinating the assessment of the pending bills.

The petition has been settled by Former Attorney General for India KK Venugopal and filed through Advocate CK Sasi.

Case Title: State of Kerala V. Governor for State of Kerala

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