Hc Dismisses Plea Against Guv Deferring Assent To Bills, Legal News, ET LegalWorld – Legal Firms


The Kerala high court on Wednesday dismissed a public interest litigation questioning governor Arif Mohammad Khan’s action of withholding assent to bills passed by the state legislature.

A division bench of Chief Justice S Manikumar and Justice Shaji P Chaly considered the petition filed by advocate P V Jeevesh of Kochi during the admission hearing. The petition said the governor’s action of not signing the six bills was “contumacious, arbitrary, despotic, and antithetical to democratic values, ideals of the cabinet form of government and principles of democratic constitutionalism and federalism.”

These bills include the controversial Lok Ayukta (Amendment) Bill and University Laws (Amendment) Bill. Khan had told the media earlier that he had sought certain explanations on some bills and the government was yet to respond to them.

Also, the bills will become infructuous with the assembly session beginning on December 5.

The petition said the governor was not giving assent to the bills or adopting any other course available to him under Article 200 despite the state cabinet advising him to give assent to the bills.

Such a standoff affects the fundamental rights of the people, the petitioner contended, while claiming that he has locus standi to highlight the issue.

The petition also contended that the governor cannot act against the advice of the council of ministers if he does not like the policy adopted through the bill. In such a circumstance, the governor is acting with malafide intention and his action is arbitrary and against democratic values, it alleged.


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