Kerala Governor Arif Mohammed Khan signed into law five Bills passed by the Assembly. However, Mr. Khan withheld assent to the remaining six Bills, putting him at odds with the government and provoking a sharp response from Chief Minister Pinarayi Vijayan.
The laws awaiting gubernatorial assent included the University Laws (Amendment) Act, 2022, and Kerala Lok Ayukta (Amendment) Act, 2022. Mr. Khan had openly opposed the legislation at a rare and combative press conference in Raj Bhavan last Monday.
In a riposte to Mr. Khan on Wednesday, Mr. Vijayan said the Governor himself had admitted to the media that he was yet to read some of the Bills. Mr. Vijayan questioned the propriety of Mr. Khan telling the press that he would reject laws he had not even read. “Mr. Khan should clarify whether such a posture is tantamount to contempt for the Constitution,” he said.
As per Article 200, the Governor can submit laws for the President’s consideration. He can withhold approval, suggest modifications, and ask the Assembly to reconsider the law. However, if Assembly passes the Bill again, the Governor has no recourse but to sign it into law.
‘No personally liable’
Any attempt on the Governor's part to withhold consent to Assembly legislation indefinitely was patently anti-constitutional. The Governor was not personally liable for any legislation he signed into law. Constitution has vested such accountability with the elected government. The Raj Bhavan was bound by the Cabinet’s counsel.
Mr. Vijayan said Governors in a parliamentary democracy, such as India, could not conduct themselves as provincial representatives of a colonial government. Various High Court and Supreme Court judgments, notably the Sarkaria Commission, have prescribed the limits of the Governors' powers.
‘Only on Cabinet advice’
The Governor could act only on the Cabinet's advice. Executive powers were vested in the elected government, not Raj Bhavan.
A certain decorum and protocol informed the gubernatorial office. "Mr. Khan should weigh whether his conduct met the code of behaviour expected of a head of State," he said.
