Kerala hopes for relief as SC questions Governor's delay on bills

THIRUVANANATHAPURAM: The state government has expressed hope on the Supreme Court's ruling that Governors cannot indefinitely withhold bills passed by the legislature. Despite the assembly passing two key bills that aim to reduce the powers of the Governor and Vice-Chancellors in universities while increasing the authority of the Pro-Chancellor (Minister), these have not yet been forwarded to the Raj Bhavan. The government is closely watching the Governor's decisions on these matters.

Although the new Governor, R. V. Arlekar, has so far maintained a cordial relationship with the state government, it is unlikely that he will sign these particular bills. Since they involve curtailing the Governor’s powers, there is a possibility they may be referred to the President. Additionally, bills related to establishing private universities and forming a Senior Citizens’ Commission are also expected to reach the Governor soon.

Former Governor Arif Mohammed Khan had withheld several bills for up to 23 months. Following this, the state approached the Supreme Court, leading to the referral of seven bills—including one that removed the Governor from the position of Chancellor—to the President. Of these, six bills, including the amendment to the Lokayukta Act, were denied approval by the President. The Supreme Court is now set to deliver its verdict on Kerala’s petitions challenging both the Governor’s action of referring the bills and the President’s prolonged delay without a decision.

The state government contends that bills not conflicting with central laws should not have been sent to the President. It also questions the lack of explanation for the President’s refusal to grant assent. Most of the bills referred to the President were earlier approved by the Governor in ordinance form. Hence, the government argues in its petition that Presidential approval was not required. The Supreme Court had already issued a notice to the Governor’s Secretary. The Attorney General is representing the Governor, while the Central Government is handling the case.

Two bills pending before the President

• The Malayalam Language (Promotion and Propagation) Bill passed in December 2015, and the Motor Transport Workers Welfare Fund (Amendment) Bill passed in December 2022, are currently under consideration of the President.
• The bill aimed at making Malayalam the official language was referred to the President by then-Governor P. Sathasivam, citing concerns that it might infringe upon the constitutional rights of linguistic minorities, such as Tamil and Kannada speakers.
• The Law Department had recommended referring both bills to the President, as they could potentially conflict with central legislation. While the Central Government has raised queries about the bills from time to time, no final decision has been taken yet.