‘Read judgment on non-grant of assent to bills in Punjab matter’, Supreme Court advises Kerala Governor on state government’s plea | India News
File photo of Supreme Court of India. (Photo credit: Supreme Court)
New Delhi: The Supreme Court on Friday asked Kerala Governor Arif Mohammed Khan to refer to its judgment passed recently on a plea by the Punjab Government on the inaction of the Governor and withholding of gubernatorial assent to bills passed by the Punjab assembly.
The apex court was hearing a plea by the Kerala Government
A bench comprising Chief Justice of India DY Chandrachud and justices JB Pardiwala and Manoj Misra was hearing a plea filed by the Kerala Government accusing the state governor of not granting assent to several bills cleared by the state assembly.
Senior Advocate and former Attorney General of India KK Venugopal, who appeared for the Kerala Government, told the bench that that several bills sent for the assent of the state Governor have been pending for the last two years. “All the ministers have met him (governor). The chief minister has met him several times,” Venugopal said, adding that eight bills are pending assent.
“We uploaded the order in the Punjab matter last night. Ask the governor’s additional chief secretary to refer to it,” CJI Chandrachud told Attorney General of India R Venkataramani.
Additional chief secretary of Kerala Governor Arif Mohammed Khan is the respondent in the case filed by the Kerala Government.
The top court had earlier issued notices to the Centre, the office of the governor. It had also issued notice to Attorney General R Venkataramani, seeking his assistance, or Solicitor General Tushar Mehta, in the matter.
The matter would be further heard on November 28.
What the apex court said in the Punjab matter?
The Supreme Court in its verdict on Punjab Government’s plea said that the Governor is an unelected Head of the State and he/she is entrusted with certain constitutional powers but this power cannot be used to thwart the normal course of lawmaking by the state legislatures.
Also read: Governor cannot thwart normal course of lawmaking by state legislatures: Supreme Court
While directing Punjab Governor Governor Banwarilal Purohit to must now proceed to take a decision on the Bills which have been submitted for assent, the apex court said that governors cannot be at liberty to keep bills pending indefinitely without any action and if the governor decides to withhold assent to a bill, then the governor has to return the bill to the legislature for reconsideration.
Tamil Nadu, Telangana Governments also approached apex court on the same issue
A plea of the Tamil Nadu Government is also pending in the Supreme Court against the State Governor for withholding assent to Bills passed by the state assembly.
Recently the Telangana Government had also moved the top court against the State Governor on the same issue.
