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Kerala Kaumudi Online
Tuesday, 16 April 2024 7.29 PM IST

No central assent required for making laws on concurrent list issues: Governor's assent to amendment; signature after one year

arif-mohammed-khan-


THIRUVANANTHAPURAM: The state can now make laws without the prior approval of the Centre in 52 subjects included in the concurrent list (in which both the Center and the State have equal power to legislate), including education. Permission should be sought only if it is defiant to the Central Act. Governor Arif Mohammed Khan approved the amendment of the Rules of Business made by the state government in this regard after one year. The amendment approved by the cabinet meeting in February 2023 had been withheld by the governor. The governor signed it yesterday after seeking the central government's opinion. With this, the amendment came into effect.

The Rules of Business are the authoritative document of governance. In 2010, the Union Ministry of Home Affairs had directed the states not to seek prior approval except in very serious matters, as the number of applications seeking permission for law-making increased. After 13 years, the state amended the Rules of Business after considering this letter. Meanwhile, even if the amendment comes into force, the state legislation cannot override the central law.

Provisions omitted by amendment

  1. As per Rule 49(2) of the Rules of Business, the concerned department of the Centre shall be consulted before making legislation in the Legislative Assembly on the subjects in the Concurrent List.
  2. If the bill is brought to amend the law, it must be communicated with the centre compulsorily
  3. Even if such amendments apply only to the State, expert opinion of the Center should be sought

Can be left for the consideration of the President

When the State legislates on the subjects included in the Concurrent List under the amendment, the Governor can send bills for the consideration of the President under Article 200 of the Constitution if he feels that they are contrary to the law passed by the Parliament or are perceived to be contrary to the Constitution, law or orders of the Supreme Court.

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