Kerala Allowed to Withdraw Pleas Against Governor Delay
Supreme Court Permits Kerala To Withdraw Governor Pleas
Why in the News ?
The Supreme Court allowed Kerala to withdraw two petitions against its Governor for delay in clearing Bills, following a precedent-setting April 8 judgment on Tamil Nadu, while debating linkage with a Presidential Reference before a Constitution Bench.
Supreme Court Decision and Context
- Kerala moved to withdraw two petitions against its Governor over delayed assent to State Bills.
- The pleas were filed due to the Governor’s delay in clearing crucial Bills despite Centre’s resistance.
- The court hearing was led by Justice S. Narasimha.
- Withdrawal was based on the April 8 Supreme Court judgment setting a 3-month deadline for Governors and the President to act on Bills under Articles 200 and 201.
- Attorney General R. Venkataramani described the withdrawal as significant, not merely procedural.
Debates and Implications
- Solicitor General Tushar Mehta sought to link Kerala’s withdrawal to the ongoing Presidential Reference
- Senior Advocate K. Venugopal argued Kerala’s right to withdraw independently, with no “strings attached.”
- Justice Narasimha remarked it would be difficult to stop Kerala’s withdrawal.
- The case highlights tensions between executive discretion and judicial timelines for Governors and President.
- The decision may affect how State legislations are processed and the balance of constitutional powers.
Key Constitutional Provisions: Article 200, 201 & Presidential ReferenceArticle 200 – Assent by Governor● Empowers the Governor to assent, withhold, return, or reserve State Bills for the President’s consideration. ● Applicable after a Bill is passed by the State Legislature. ● Governor has four options: give assent, withhold assent, return for reconsideration, or reserve it. ● Reservation is mandatory in certain cases (e.g., derogating from Union laws). ● There is no fixed timeline mentioned in the Constitution. Article 201 – President’s Assent● Deals with the President’s power on Bills reserved by the Governor. ● President may give assent, withhold, or direct reconsideration by the State. ● Bill does not become law until the President assents. ● Like Article 200, no time limit is specified for Presidential action. Presidential Reference – Article 143● Allows the President to seek the Supreme Court’s advisory opinion on constitutional matters. ● The April 2024 reference questioned the Court’s power to impose time limits on Governors and the President. ● Not binding, but carries great legal weight. |

