Following the precedents set by Punjab and Telangana, the government of Kerala has taken the initiative to lodge a writ petition with the Supreme Court, addressing the matter of Governor Arif Mohammed Khan's steadfast refusal to grant approval for eight bills that have been duly ratified by the state legislature.
This writ petition has been instituted to emphasize the urgency and significance of this constitutional dispute. It underscores that, remarkably, three of these bills have languished before the Governor for an extended period, exceeding a span of two years.
In the petition, a profound concern is articulated regarding the potential erosion of core constitutional principles and the essential underpinnings of our democratic framework, including the rule of law and the principles of democratic governance. Moreover, the conduct of the Governor is portrayed as an impediment to the rights of the state's populace, obstructing their access to the welfare initiatives that these bills are designed to implement.
The eight bills, which have remained in limbo following submission for gubernatorial assent under Article 200 of the Constitution, encompass various facets of governance and public welfare. These include the 1st and 2nd amendments to the University Laws Amendment bills in 2021, the Kerala Co-operative Societies Amendment Bill in 2022, the University Laws Amendment Bill in 2022, the Kerala Lokayukta Amendment Bill in 2022, an additional University Laws Amendment Bill in 2022, and the Public Health Bill in 2021.
Kerala, in following the footsteps of Punjab and Telangana, thus becomes the third state to resort to the legal recourse of approaching the court in response to the impasse created by the Governor's steadfast opposition to granting consent for these bills. This move aligns with the firm stance taken by Kerala Chief Minister Pinarayi Vijayan, who had earlier conveyed the state's intention to elevate the matter to the Supreme Court, as a result of Governor Arif Khan's refusal to affix his signature to the bills that had successfully navigated the legislative process within the state assembly.
