MLAs' Spouses, Relatives 'Not Indispensable' for Swearing-In, Presence not a Necessity Though it is a Proud Moment: Kerala High Court [READ JUDGMENT]

A PIL was filed challenging the Kerala Governments decision of organising a 500 people attendance for the swearing-in ceremony, the court asked the government just ask the primary question, if all the invitees were really needed to be present for the swearing-in ceremony. Chief Justice S Manikumar and Shaji P Chaly were in the bench for the hearing of the petition and giving the decision for further actions. 

The court made the view clear by saying that it was on the political parties to decide who should be required for the swearing-in ceremony and the presence of the relatives and spouse is not that necessary keeping in the mind the Covid hike in the State.

The Court further said that, they are unable to understand as to why the relatives and spouses are required to attend to swearing-in ceremony and the they are just for witnessing. And the court is of the view that considering the high surge and positive rates in the states as well as the high death rate, people should not be included in the ceremony and only important parties should be present. 

The court even stated that, considering the situation we are in, it is not necessary for even the spouse of the MLAs to attend the ceremony and it will still be a proud moment for the relatives and spouse of the respective minister. The court refused the submission of State Attorney’s writ petition saying that it was “politically motivated” and “public interest was involved”.

Restrictions imposed by the Court:

• Following the Covid protocols strictly and guidelines which were issued on May 6 and May 14 while the ceremony is being conducted.
• No spouse or relative of the respective swearing-in minster should be present and the ceremony to be viewed from their respective houses.
• Only the government officials should be allowed in the ceremony.

For the consideration of State Government:

• The court asked if all the MLAs were required to be present in the swearing-in ceremony.
• Whether all the people who are invited are really required for the ceremony considering the pandemic situation and taking note that no special invites should be sent apart from Judges, Secretaries to the Government up to the level of Principal Secretaries, Police officials up to the level of Additional Director General of Police, Senior Law Officers, Chief Secretary.

[READ JUDGMENT]