In an extraordinary turn of events, the state government of Kerala has taken unprecedented legal action against President Droupadi Murmu and Kerala Governor Arif Mohammed Khan. This move comes in response to the President's withholding of assent for four bills passed by the Kerala Legislature, without providing any reasons.
The Kerala government has filed a lawsuit on March 23, citing violations of constitutional articles 14, 200, and 201. According to the state's argument, the President's actions were arbitrary and undermined the delicate balance of power outlined in the Constitution.
Additionally, the Governor's role in keeping the bills pending for an extended and indefinite period before reserving them for the President's consideration has also been questioned.
The lawsuit, filed before the Supreme Court, lists the Secretary to the President, the Kerala Governor, and the Additional Chief Secretary to the Governor as respondents. Kerala's legal representation will be led by a senior lawyer specializing in constitutional matters, along with C.K. Sasi, the state's Standing Counsel.
The crux of Kerala's argument lies in the assertion that the Union Government's involvement in advising the President to withhold assent for bills that fall entirely within the state's jurisdiction disrupts the federal structure of the Constitution. Furthermore, the Governor's actions are deemed to have subverted the functioning of the elected executive and legislature, rendering them ineffective.
The state contends that the Governor's decision to bundle up pending bills and refer them to the President was not done in good faith and was a deliberate attempt to avoid constitutional duties. Kerala argues that such actions encroach upon the state's autonomy and disrupt the delicate balance of power envisaged by the Constitution.
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