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.

Kerala Allowed to Withdraw Pleas Against Governor Delay

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 Reference

Article 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.