Why are legislature and Parliament needed? Overreach by judiciary: Governor Arlekar against Supreme Court verdict

NEW DELHI: The Supreme Court has ruled that the President, like the Governor, has a three-month time limit on bills passed by the Assembly and has no absolute veto power. Kerala Governor R.V. Arlekar criticized the Supreme Court for exercising excessive power.

Meanwhile, in the wake of the Supreme Court declaring that 10 bills in the President's possession have been passed, Tamil Nadu has notified them as acts. The moves in the power struggle between the Governor and the government were completely uncommon.

Constitutional amendment is the power of Parliament. The Supreme Court has applied this to the bills and the verdict is not even that of the Constitution Bench, Governor Arlekar told a national daily. The bill does not specify a time limit for the Governor. When the Supreme Court sets a time limit, it becomes a constitutional amendment. If the amendment is made by the court, what is the need of the Assembly and Parliament? It is an outrageous act for two judges to decide this together.

It was only when the Supreme Court published a copy of the judgment in the case filed by Tamil Nadu against Governor RN Ravi on the website that it came to light that it also applies to the President. This was followed by the gazette notification of Tamil Nadu. This is the first time that bills become acts without the signature of the Governor or the President.

The judgment on the 8th of this month, setting a deadline for the President, was written by a bench of Justices J.B. Pardiwala and Mahadevan. If the President does not take action within the deadline, the states can approach the court.

President should inform the state about the obstruction

• It is an abuse of power to withhold bills on the grounds that the President's approval is required. The court can intervene if the bill passed by the assembly is denied approval
• The President should inform the state about the reason for denying approval to the bill. If amendments are necessary, then that should be clarified
• States should consult the Centre before enacting legislation on matters related to the Constitution that require the President's approval
• The Centre should consider the legislative proposals of the states in a timely manner. This will facilitate the relationship between the Centre and the state
• If the bill is postponed due to unconstitutional elements, the President should seek the advice of the court

Cordial relation with Pinarayi

Governor Arlekkar said that no bills were pending in Raj Bhavan and that all those that came up for consideration had been addressed. "Some bills sent by the former governor for the President's consideration have not been approved. I have a cordial relationship with Chief Minister Pinarayi Vijayan. My method is to discuss and resolve problems. Many problems can be resolved by sitting around the table and discussing." Referring to the clash between Arif Mohammad Khan and the government, the governor's reply was that using only one hand would not make a sound. Regarding the dispute between the former governor and the SFI, the reply was that campus politics was not necessary to achieve rights.