New Delhi: After Punjab and Telangana, Tamil Nadu and Kerala governments have also approached the Supreme Court alleging that the governors are not taking a decision on bills forwarded to them after passage by the assemblies, thereby “defeating” the rights of the people to the welfare measures sought to be implemented through the proposed laws.
The SC, which has in recent months examined a similar plea filed by the Telangana government and also adjudicated the legal battle between the Delhi government and the LG over control over bureaucracy, will now have to hear and decide on the petitions filed by Tamil Nadu, Punjab and Kerala. In its plea, the Kerala government pleaded the court to pass orders in relation to “inaction” on part of the governor in relation to eight bills passed by the state legislature and presented to him for his assent under Article 200 of the Constitution.
The Kerala government said three bills have been pending with the governor for more than two years and three for more than a year. “In keeping bills pending for such long periods, the governor is directly violating the provision of the Constitution, namely, that the bill should be dealt with ‘as soon as possible.’ Grave injustice is being done to the people of the state, as also to its representative democratic institutions (i.e. the state legislature and the executive) by the governor, by keeping bills pending for long periods of time. The governor appears to be of the view that granting assent or otherwise is a matter entrusted to him in his absolute discretion. This is a complete subversion of the Constitution,” the petition said. It said the conduct of the governor in keeping bills pending for long is manifestly arbitrary.