'Will proceed with case against Arif Khan'; Kerala Govt pushes for guidelines on Governor's role in legislative processes

NEW DELHI: Even after Rajendra Vishwanath Arlekar took charge as Kerala governor, after Arif Mohammad Khan stepped out in a friendly manner, the Kerala state government had made its stance clear that there will be no compromise in the case in the Supreme Court. The government has asked the Supreme Court to immediately hear the petitions filed against the former governor for delaying bills passed by the Kerala legislature without giving approval. Chief Justice Sanjiv Khanna assured that the petitions will be sent to an appropriate bench.

Kerala pointed out that a similar complaint by the Tamil Nadu government is pending in the bench headed by Justice J.B. Pardiwala.

Senior advocate K.K. Venugopal, representing the government, brought to the court's attention the fact that two bills sent by Arif Mohammad Khan to the president were returned without approval the other day.

The President denied assent to the bills passed by the Assembly regarding the removal of the Governor from the post of Chancellor of Universities and the University Appellate Tribunal Appointment Amendment Bill. The petitions filed by Kerala, questioning the delay in the governor's decision on the bills and the decision to leave it to the president, were listed in the chief justice's bench yesterday. As the arguments in other cases dragged on, it became clear that Kerala's will not be considered. With this, Adv. K.K. Venugopal brought the matter to the attention of the Chief Justice.

Time limit should be fixed

The governor's power to take a decision on bills passed and sent by the Legislative Assembly is provided for in Article 200 of the Constitution. The government's demand is that the court should provide guidelines under which circumstances it can be withheld without approval, sent back to the Legislative Assembly for reconsideration, and left for the President's consideration. The constitutional provision that 'a decision should be taken as soon as possible' should be analysed and clarified. It has also been demanded that a time limit be set for the governor to take a decision.