38.6c New Delhi, India, Friday, October 25, 2024
Breaking News
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Executive

Kerala files plea in Supreme Court challenging inordinate delay in assenting Bills

By LAWSTREET NEWS NETWORK      02 November, 2023 01:45 PM      0 Comments
Kerala files plea in Supreme Court challenging inordinate delay in assenting Bills

NEW DELHI: The Kerala government has filed a plea in the Supreme Court, seeking a declaration that inordinate delay by the Governor in granting assent to pending Bills was "contumacious, arbitrary, despotic and antithetical to the democratic values, ideals of the Cabinet form of Government, and principles of democratic Constitutionalism and federalism".

The development assumed significance as it comes within days of similar petitions filed by Opposition ruled Punjab and Tamil Nadu governments.

In a writ petition, the state government claimed the indefinite delay by the Governor in dealing with the Bills passed by the Legislative Assembly, deprived the people of the State benefits of welfare legislations in grave injustice to them.

"Apart from being contrary to the scheme of parliamentary democracy envisaged by the Constitution, the delay further amounts to unilaterally circumventing the collective will of the people," it said.

As many as eight Bills passed by the State Legislature and presented to the Governor for his assent under Article 200 of the Constitution were pending. Of these, three Bills have remained pending for more than two years, and three more in excess of a full year, it said.

The state government claimed the conduct of the Governor threatens to defeat and subvert the very fundamentals and basic foundations of our Constitution, including the rule of law and democratic good governance, apart from defeating the rights of the people of the State to the welfare measures sought to be implemented through the Bills.

It contended the Governor appears to be of the view that granting assent or otherwise dealing with Bills is a matter entrusted to him in his absolute discretion, to decide whenever he pleases. "This is a complete subversion of the Constitution," it said.

The petition said the words in Article 200 as soon as possible necessarily mean that not only should pending bills be disposed of within a reasonable time, but further that these Bills have to be dealt with urgently and expeditiously without any avoidable delay.

It further contended the urgency should normally mean a few weeks and nothing more, as many of the Bills involve immense public interest, and provide for welfare measures which would stand deprived and denied to the people of the State to the extent of the delay.

"The conduct of the Governor in keeping Bills pending for long and indefinite periods of time is also manifestly arbitrary and violates Article 14 of the Constitution. Additionally, it also defeats the rights of the people of the State of Kerala under Article 21 of the Constitution, by denying them the benefits of welfare legislation," it said.

The state government also pointed out a five-judge Constitution bench in case of 'Purushothaman Nambudiri vs State of Kerala' (1962) has taken the view that Article 200 of the Constitution does not provide for a time limit within which the Governor.. should come to a decision on the Bill referred to him for his assent.

In the event the said judgment is read as applying to the case at hand, the matter may have to be referred to a larger bench of seven judges to reconsider the said judgment and to rule on the interpretation and impact of the phrase as soon as possible occurring in the first proviso to Article 200, the Kerala government said.

It also said if the Governor acts ultra vires the Constitution, and outside the Constitution, the immunity under Article 361 of the Constitution from being answerable to any Court would have no application.

Earlier, the Telangana government also filed a similar plea against inactions on Bills referred to the Governor, which was disposed of the top court on April 24, 2023, stating the expression as soon as possible has significant constitutional content and must be borne in mind by constitutional authorities in such matters.
 



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Kerala NIA Court Sentences Three to Life Imprisonment in Professor's Hand Chopping Case Kerala NIA Court Sentences Three to Life Imprisonment in Professor's Hand Chopping Case

A special NIA court in Kerala has sentenced three members of the banned Popular Front of India to life imprisonment for chopping off the hand of a college professor in a sensational 2010 case. The court termed the incident a "terrorist act" and highlighted its challenge to the secular fabric of the nation.

Supreme Court can't render itself dysfunctional by hearing everything: CJI Supreme Court can't render itself dysfunctional by hearing everything: CJI

The Chief Justice of India on Tuesday said that the Supreme Court cannot render itself dysfunctional by hearing all big and small matters as there could be thousands of matters in country which could merit attention. The court was presented with a plea regarding captive elephants in Kerala.

Kerala files plea in Supreme Court challenging inordinate delay in assenting Bills Kerala files plea in Supreme Court challenging inordinate delay in assenting Bills

Kerala government challenges Governor's delay in assenting Bills in Supreme Court, citing democratic values and justice. Learn about the pending Bills and their impact.

"Another mother should not be forced to approach us like this," Kerala High Court says, in Death from Shawarma case "Another mother should not be forced to approach us like this," Kerala High Court says, in Death from Shawarma case

Hearing a mother who lost her 16-year-old child after the child consumed popular Lebanese dish Shawarma, the Kerala High Court has ordered for Food Safety and Standard Authority of Indias (FSSAI) Shawarma Guidelines to be necessarily incorporated into the statutory licenses of all the eateries. Read on to find out more about the case, and the Court's guidelines.

TRENDING NEWS

cheque-issued-for-bribe-payment-not-enforceable-under-ni-act-punjab-and-haryana-hc
Trending Judiciary
Cheque issued for bribe payment not enforceable under NI Act: Punjab and Haryana HC [Read Order]

The Punjab and Haryana High Court ruled that bribe payments do not constitute legally enforceable liabilities under the Negotiable Instruments Act, 1881.

24 October, 2024 10:56 AM
pune-porsche-accident-bombay-hc-rejects-anticipatory-bail-over-alleged-evidence-tampering-involving-3-lakh-bribe
Trending Judiciary
Pune Porsche Accident: Bombay HC rejects anticipatory bail over alleged evidence tampering involving ₹3 lakh bribe [Read Order]

Bombay High Court rejects anticipatory bail in Pune Porsche accident case, citing serious evidence tampering and bribery allegations against the accused’s father.

24 October, 2024 11:07 AM

TOP STORIES

sc-dismisses-plea-for-direction-to-set-up-regulatory-board-to-monitor-and-manage-ott-platforms
Trending Judiciary
SC dismisses plea for direction to set up regulatory board to monitor & manage OTT platforms

SC dismisses plea to set up a regulatory board for OTT platforms, stating the issue falls under policy matters, not for the court to intervene.

19 October, 2024 06:22 PM
a-judges-praise-of-politician-may-affect-publics-trust-in-judiciary-sc-judge-b-r-gavai
Trending Judiciary
A judge's praise of politician may affect public's trust in judiciary: SC judge B R Gavai

SC Judge B R Gavai cautions that judges praising politicians and resigning to contest elections may erode public trust and compromise judicial impartiality.

21 October, 2024 01:34 PM
complainant-cant-insist-on-deciding-plea-to-summon-other-accused-before-cross-examination-sc
Trending Judiciary
Complainant can't insist on deciding plea to summon other accused before cross examination: SC [Read Judgment]

SC rules complainant can’t delay cross-examination to summon others as accused; trial court has discretion on timing under Section 319 CrPC.

21 October, 2024 01:36 PM
sc-dismisses-kejriwals-plea-against-summons-in-defamation-case-on-remarks-on-pms-academic-degree
Trending Judiciary
SC dismisses Kejriwal's plea against summons in defamation case on remarks on PM's academic degree

SC dismisses Kejriwal’s plea challenging summons in defamation case over remarks on PM Modi’s degree, upholding Gujarat University’s complaint.

21 October, 2024 05:10 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email