Kerala Government Confronts President Murmu and Governor in Supreme Court!

Kerala Government Confronts President Murmu and Governor in Supreme Court!

DILIP DAIMARY

Kerala’s Bold Legal Challenge: Suing President Murmu Over Withheld Bill Assents!

In an extraordinary legal confrontation, the Kerala Government took the bold step of suing President Droupadi Murmu on March 23 for withholding assent to four legislative Bills, challenging what they deem an arbitrary and unconstitutional act.

This landmark case also includes Kerala Governor Arif Mohammed Khan, who is accused of unduly holding the Bills in limbo before deferring them to the President’s consideration.

The crux of the State’s argument lies in the claim that both the President’s and the Governor’s actions have subverted the federal structure outlined in the Indian Constitution.

The President’s decision to withhold assent without providing reasons, Kerala officials argue, violates Articles 14, 200, and 201 of the Constitution. Furthermore, they assert that the referral of the seven Bills to the President must be retracted on the principle of Constitutional morality.

In the writ petition filed before the Supreme Court, the State has named the Secretary to the President, the Kerala Governor, and the Additional Chief Secretary to the Governor as respondents. The State’s representation will include a senior lawyer specializing in Constitutional matters, alongside C.K. Sasi, its Standing Counsel.

The State Government’s contention is that the Union Government’s advice to the President to withhold assent for Bills passed by the Legislative Assembly over a year ago infringes upon the autonomy guaranteed to State Governments. This act is seen as a disruption to the federal structure and an encroachment into the state’s domain under the Constitution.

Kerala officials have criticized the reasons provided by Governor Khan for reserving the Bills for presidential consideration, arguing that these reasons bear no relation to the Union of India or to the interplay between Kerala’s Legislature and the Union. According to the State’s position, the Governor’s actions have upset the Constitutional balance between the three pillars of the State.

This has effectively undermined the legislative process and rendered the actions of the elected executive and the State Legislature, which drafted and passed the Bills, as null and void.

The reservation of the Bills by the Governor after an extended delay, the State contends, was a deliberate evasion of his Constitutional obligations under Article 200. As such, the reference of the Bills to the President is being challenged as unconstitutional.

The case presents a pivotal moment for the interpretation of India’s federal structure and could set a significant precedent for the interaction between State Governments and the Union.

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The Supreme Court’s ruling on this matter will be closely watched, not only for its direct impact on the legislative process in Kerala but also for its potential implications on the delicate balance of power between State and Union authorities across India.

This legal challenge by the Kerala Government is not just a dispute over legislative procedure but a robust defense of the State’s right to self-governance within the framework of the Indian Constitution. The outcome of this case will likely influence the discourse on federalism in India and may prompt a reevaluation of the roles and responsibilities of State Governors and the President in relation to State legislation.

As the case unfolds, all eyes will be on the Supreme Court to see how it adjudicates on these pressing Constitutional issues. The verdict will either reinforce or redefine the current understanding of federal balance in India’s governance structure.

23-03-2023

Images from different sources (Headline Image is the Kerala Sectt)

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