The Kerala government will adopt the twin strategy of moving a Special Leave Petition before the Supreme Court seeking to issue directions to the Governor to decide on the eight Bills passed by the Kerala legislature and file an appeal against a High Court order in a case with a similar prayer this week.
It was after much dilly-dallying that the State government decided to sue the Governor in the top court. The petitions are likely to be filed before Wednesday, sources said.
While the Special Leave Petition will directly seek directives to the Governor to act on the Bills pending before him, the State will file an appeal against the High Court verdict dismissing a writ petition, which challenged the Governor’s action of indefinitely holding the Bills passed by the State legislature. The State was listed as a respondent in the case, which was filed by a lawyer before the High Court.
Case of West Bengal
Incidentally, the oral observations of the Supreme Court last week in a case between the West Bengal government and the Governor that the Governor needs to decide on the Bills passed by the State legislature though the Constitution has not specified any time limit for him to act has come as a shot in the arm for the Kerala government.
Eight Bills including the University Laws (Amendment) Bill, the Kerala Public Health Bill and the Kerala Lok Ayuktha (Amendment) Bill passed by the State Assembly are awaiting the Governor’s assent. The university Bill was passed as early as November 12, 2021.
The State, which has engaged senior lawyer K.K. Venugopal to argue its case, will make the Governor a respondent in both cases. Kerala would also contend that the act of the Governor of holding the Bills and not acting in accordance with the provisions of Article 200 of the Constitution, which prescribes the Governor’s course of action on a Bill passed by a State legislature, was preventing the State government from discharging its constitutional duties.
The action of the Governor, the State would further argue, of summoning the Ministers and the officials to seek explanations on the Bills passed by the State legislature was constitutionally uncalled for.
