Kerala moves Supreme Court against Governor for the second time in two weeks
1 year, 1 month ago

Kerala moves Supreme Court against Governor for the second time in two weeks

The Hindu  

Kerala on November 8, 2023 moved the Supreme Court for the second time against Governor Arif Mohammed Khan, accusing him of trying to “defeat the rights of the people” of the State by indefinitely sitting on crucial Bills, especially those addressing post-COVID public health concerns. “The conduct of the Governor in keeping Bills pending for long and indefinite periods of time is manifestly arbitrary and also violates Article 14 of the Constitution. Additionally, it defeats the rights of the people of the State of Kerala under Article 21 of the Constitution, by denying them the benefits of welfare legislation enacted by the State Assembly.” The 461-page special leave petition appeals a Kerala High Court judgment of November 30 last year, which refused to fix a time limit for the Governor to deal with Bills presented to him under Article 200 of the Constitution. “Many of the Bills involve immense public interest, and provide for welfare measures which would stand deprived and denied to the people of the State to the extent of the delay… Grave injustice is being done to the people of the State, as also to its representative democratic institutions, by the Governor by keeping Bills pending for long periods of time, including three Bills for longer than two years.

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History of this topic

Karnataka: Governor clears only 3 of 11 bills
3 months, 2 weeks ago

Karnataka: Governor clears only 3 of 11 bills

New Indian Express  

BENGALURU: Governor Thaawarchand Gehlot on Monday cleared only three of the 11 bills sent to him since January. He gave his assent to the Karnataka State Public Examination Bill, 2023, Renuka Yellamma Temple Development Authority Bill, 2024, and the Karnataka Municipality and Related Acts Amendment Bill, 2024. The Karnataka Town and Country Planning Amendment Bill, Karnataka Hindu Religious Institutions and …

Option or stratagem?: On Governors, powers and Bills
4 months, 3 weeks ago

Option or stratagem?: On Governors, powers and Bills

The Hindu  

The manner in which some Governors have been dealing with legislation passed by the State legislatures is a travesty of the Constitution. After the Supreme Court of India intervened in the case of Punjab and raised questions about the action or inaction of Governors in Tamil Nadu and Telangana, it was believed that incumbents in Raj Bhavans would end their …

Supreme Court to examine whether Governors are ‘subverting’ federalism
4 months, 4 weeks ago

Supreme Court to examine whether Governors are ‘subverting’ federalism

The Hindu  

The Supreme Court on Friday agreed to examine if Governors, by indefinitely sitting on crucial Bills only to eventually refer them to the President who solely acts on the advice of the Centre, are opening the doors for Union interference in the legislative domain of States, thereby subverting federalism. The decision of the court to intervene came in a petition …

Exploring The Role Of Governors: Navigating The Trend Of State Governors Facing Litigation Over Withholding Assent Over A Bill
7 months, 2 weeks ago

Exploring The Role Of Governors: Navigating The Trend Of State Governors Facing Litigation Over Withholding Assent Over A Bill

Live Law  

The Governor is an unelected Head of the State and cannot use his constitutional powers to thwart the normal course of lawmaking by the State. Supreme court in the case of State of Punjab v. Principal Secretary to the Governor of Punjab and Another held that the first proviso to Article 200 stipulates that the Governor may “as soon as …

Fiscal battle: On borrowings and Kerala’s suit
8 months, 2 weeks ago

Fiscal battle: On borrowings and Kerala’s suit

The Hindu  

The Supreme Court of India order referring a suit filed by Kerala, challenging the Centre’s decisions curtailing its borrowings, to a Constitution Bench is a welcome development. The Court declined to grant an interim order to restore the position prior to the imposition of borrowing limits by the Centre, but the referral will give a larger Bench an opportunity to …

Tamil Nadu government approaches Supreme Court as Governor Ravi refuses to swear-in Ponmudy as Minister
9 months ago

Tamil Nadu government approaches Supreme Court as Governor Ravi refuses to swear-in Ponmudy as Minister

The Hindu  

The State of Tamil Nadu on March 18, 2024, moved the Supreme Court accusing Governor R.N. Ravi of “attempting to run a parallel government” in the State by refusing to adhere to Cabinet advice to appoint DMK leader K. Ponmudy as Higher Education Minister following the recent apex court order suspending his conviction and sentence in a disproportionate assets case. …

Kerala governor levels serious conflict of interest charge against ex-SC judge who pulled him up
11 months ago

Kerala governor levels serious conflict of interest charge against ex-SC judge who pulled him up

New Indian Express  

"The father is receiving money and the son is giving opinions blasting the governor. This is not following the principle of natural justice," he said, speaking on the first day of the 13th edition of The New Indian Express ThinkEdu conclave on Wednesday. He was speaking on the topic 'Chancellors and State Universities: Defining the Role' chaired by Prabhu Chawla, …

SC issues summons to Centre on Kerala’s suit alleging financial restrictions
11 months, 1 week ago

SC issues summons to Centre on Kerala’s suit alleging financial restrictions

The Hindu  

The Supreme Court on January 12 agreed to examine an original suit filed by Kerala alleging that the Centre was violating the federal structure of governance and causing “severe damage to the economy of a small State with meagre resources” by interfering with the finances of the State. It listed Kerala’s application for interim reliefs, which include an injunction order …

Kerala Governor Clears 1 Pending Bill
1 year ago

Kerala Governor Clears 1 Pending Bill

Deccan Chronicle  

Thiruvananthapuram: Kerala Governor Arif Mohammed Khan has approved one of eight pending bills passed a while ago by the state legislative Assembly, at a time when the Supreme court is considering the government’s plea alleging inordinate delay by Raj Bhavan in clearing legislation. While the Governor gave his assent to the significant public health bill, he has reserved seven bills, …

DC Edit | Governors must now fall in line with definition of role
1 year ago

DC Edit | Governors must now fall in line with definition of role

Deccan Chronicle  

The suggestion made by the Supreme Court to Kerala governor Arif Mohammed Khan to read its judgment in a case filed by the Punjab government seeking its intervention against Mr Banwarilal Purohit who is the governor there delaying signing of bills passed by the state Assembly into law brings a sense of finality to the contentious issue of governors nationwide …

SC tells Kerala guv to refer to its verdict on pending bills
1 year ago

SC tells Kerala guv to refer to its verdict on pending bills

Hindustan Times  

The Supreme Court on Monday suggested Kerala governor Arif Mohammed Khan should go through its judgment released a day ago, mapping out the powers and corresponding duties of governors with regard to the bills sent for their assent by state legislatures. The Supreme Court tells Kerala governor Arif Mohammed Khan to refer to its verdict on pending bills. In its …

Governors can’t keep bills pending indefinitely, rules Supreme Court
1 year, 1 month ago

Governors can’t keep bills pending indefinitely, rules Supreme Court

Hindustan Times  

Governors “cannot be at liberty to keep bills pending indefinitely”, the Supreme Court has ruled in a judgment, emphasising that the exercise of unbridled discretion in areas not entrusted to the discretion of the governor risks walking roughshod over the working of a democratically elected government in the state. Failure to take a call and keeping a bill duly passed …

Unheeded advice: The Hindu Editorial on the conduct of Governors
1 year, 1 month ago

Unheeded advice: The Hindu Editorial on the conduct of Governors

The Hindu  

Ongoing proceedings before the Supreme Court raise concerns about the conduct of some Governors. The key issue that has forced State governments to approach the court for redress is the perverse manner in which incumbents in Raj Bhavan have used the absence of a time-frame for granting assent to Bills to harass and frustrate elected regimes. With the court noting …

DC Edit | Court Finds a Way to Rein in Wayward Governors
1 year, 1 month ago

DC Edit | Court Finds a Way to Rein in Wayward Governors

Deccan Chronicle  

The Supreme Court of India designating a bill returned by a state governor and readopted by the state Assembly as money bill is one of the most important outcomes of the litigation some state governments have initiated against the arbitrary acts of their governors. This order of the apex court would bind the governors to sign the bills into law, …

Supreme Court Issues Notice To Centre On Kerala Government's Plea Against Governor's Inaction In Assenting Bills
1 year, 1 month ago

Supreme Court Issues Notice To Centre On Kerala Government's Plea Against Governor's Inaction In Assenting Bills

Live Law  

The Supreme Court on Monday issued notice on the plea filed by the Government of Kerala alleging that the Governor of Kerala, Arif Mohammed Khan, was delaying the consideration of bills that the State Assembly had passed. It may be also be noted that the bench today considered a similar petition filed by the State of Tamil Nadu, in which …

Supreme Court to hear Tamil Nadu, Kerala pleas against their Governors on November 20
1 year, 1 month ago

Supreme Court to hear Tamil Nadu, Kerala pleas against their Governors on November 20

The Hindu  

The Tamil Nadu government on November 20 is likely to inform the Supreme Court of its State Legislative Assembly’s re-adoption of 10 crucial Bills returned by Governor R.N. Shoulder-to-shoulder, the State of Kerala, is prepared to take on its Governor Mohmmad Arif Khan in the apex court for delaying key Bills, some dating back almost two years. Kerala has accused …

Tamil Nadu Governor’s indefinite holding back of Bills a matter of ‘serious concern’, says Supreme Court
1 year, 1 month ago

Tamil Nadu Governor’s indefinite holding back of Bills a matter of ‘serious concern’, says Supreme Court

The Hindu  

The Supreme Court on Friday, November 10, 2023 said the “constitutional deadlock” created by Tamil Nadu Governor R.N. The court asked the Attorney General of India, or in his absence, the Solicitor General of India to be present in court on November 20 even as Tamil Nadu, represented by senior advocates A.M. Singhvi and P. Wilson, said the Governor was …

Governors should do a ‘little bit of soul-searching’, Supreme Court says
1 year, 1 month ago

Governors should do a ‘little bit of soul-searching’, Supreme Court says

The Hindu  

The Supreme Court on Monday expressed acute displeasure at Governors holding back key Bills, especially in Opposition-ruled States such as Punjab, Tamil Nadu, Kerala and Telangana, until State governments approach the top court for judicial intervention. “Some of these Bills have been pending with him for over two years… When the Governor was told the State had approached the apex …

Governors should do a ‘little bit of soul-searching’, SC says on holding back of crucial Bills
1 year, 1 month ago

Governors should do a ‘little bit of soul-searching’, SC says on holding back of crucial Bills

The Hindu  

The Supreme Court on Monday expressed acute displeasure at Governors holding back key Bills, especially in Opposition-ruled States such as Punjab, Tamil Nadu, Kerala and Telangana, until State governments approach the top court for judicial intervention. Advocate General for Punjab later clarified that three of the seven Bills were Money Bills, of which two have been recommended by the Governor …

Action and authority: The Hindu Editorial on Governors and implementation of decisions by elected regimes
1 year, 1 month ago

Action and authority: The Hindu Editorial on Governors and implementation of decisions by elected regimes

The Hindu  

That two States have approached the Supreme Court of India against the conduct of their Governors once again flags the problem of political appointees in Raj Bhavan using their authority to delay the implementation of decisions by elected regimes, if not undermine them. Governors need not rubber stamp any decision, but one can question the practice of Governors, especially in …

Kerala Government moves Supreme Court against Governor Arif Mohammed Khan over pending Bills
1 year, 1 month ago

Kerala Government moves Supreme Court against Governor Arif Mohammed Khan over pending Bills

The Hindu  

The Kerala Government has sought a declaration from the Supreme Court that Kerala Governor Arif Mohammed Khan has “failed to exercise his Constitutional powers and duties” in holding the Bills passed by the State Legislature for a long and indefinite period. The Kerala Government argued that the Governor subverted the Constitution and acted in a manifestly arbitrary manner by keeping …

T.N. government moves Supreme Court against Governor Ravi over delay in clearing Bills
1 year, 1 month ago

T.N. government moves Supreme Court against Governor Ravi over delay in clearing Bills

The Hindu  

The Tamil Nadu government has moved a writ petition in the Supreme Court against Governor R.N. “The Governor by not signing remission orders, day-to-day files, appointment orders, approving recruitment orders, granting approval to prosecute Ministers, MLAs involved in corruption including transfer of investigation to the CBI by the Supreme Court and Bills passed by the Tamil Nadu Legislative Assembly is …

"Governor Acting As A Political Rival": Tamil Nadu Government Moves Supreme Court Against Governor RN Ravi's Inaction In Assenting Bills
1 year, 1 month ago

"Governor Acting As A Political Rival": Tamil Nadu Government Moves Supreme Court Against Governor RN Ravi's Inaction In Assenting Bills

Live Law  

The Tamil Nadu Government has moved Supreme Court alleging that the Governor of the State of Tamil Nadu Dr RN Ravi has positioned himself as a "political rival" to the State Government and is obstructing the State Legislative Assembly's ability to carry out its duties by excessively delaying the consideration of bills that the Assembly has passed. Asserting that the …

Governor, Govt Battle Intensifies in Kerala: Khan Accuses Pinarayi of Neglect
1 year, 2 months ago

Governor, Govt Battle Intensifies in Kerala: Khan Accuses Pinarayi of Neglect

Deccan Chronicle  

Thiruvananthapuram: Kerala Governor Arif Mohammad Khan has raised concerns that Chief Minister Pinarayi Vijayan does not regularly provide updates on government activities, which he says is a constitutional duty of the Chief Minister. This comes in response to Chief Minister Pinarayi Vijayan's announcement that the state plans to take the matter to the Supreme Court due to the Governor's refusal …

Governors cannot indefinitely hold back Bills
1 year, 6 months ago

Governors cannot indefinitely hold back Bills

The Hindu  

Recently issues have arisen in various States between Chief Ministers and Governors, with regard to the passing of Bills. In Shamsher Singh v State of Punjab, the Supreme Court held that a President or a Governor can exercise their discretion independent of their Ministers only where the Constitution expressly permits them to do so. Governor’s autonomy In Purushothaman Nambudiri v …

Governors should clear bills as soon as possible, says Supreme Court
1 year, 7 months ago

Governors should clear bills as soon as possible, says Supreme Court

India Today  

The Supreme Court on Monday said that Governors of states should either give assent or return bills “as soon as possible”. A bench comprising CJI DY Chandrachud and Justice PS Narasimha made the observation while it was disposing of a plea filed by the State of Telangana seeking directions to Governor Tamilisai Soundararajan to give her assent to ten key …

Kerala Governor to meet state ministers over pending bills
1 year, 10 months ago

Kerala Governor to meet state ministers over pending bills

Deccan Chronicle  

Thiruvananthapuram: Kerala Governor Arif Mohammed Khan is expected to meet four ministers of the state government on Thursday evening to discuss some of the bills pending before him for approval, an official source said. The ministers who will be meeting the Governor are Law Minister P Rajeeve, Higher Education Minister R Bindu, Cooperation Minister V Vasavan and Sports Minister V …

Kerala CM asks Governor to clear 8 pending bills, including one to remove him as V-C of state universities
1 year, 10 months ago

Kerala CM asks Governor to clear 8 pending bills, including one to remove him as V-C of state universities

India Today  

Kerala Chief Minister Pinarayi Vijayan wrote a letter to state Governor Arif Mohammed Khan, asking him to clear eight bills awaiting approval by Raj Bhavan. One of the bills that the LDF government has asked the Governor to clear seeks to replace him as the vice-chancellor of state-run universities. On December 13, 2022, the Kerala Assembly passed the University Laws …

Kerala Assembly Passes Bill for Removing Governor as Chancellor of Universities
2 years ago

Kerala Assembly Passes Bill for Removing Governor as Chancellor of Universities

News 18  

The Kerala Assembly proceedings on Tuesday saw high drama as it passed the bill to replace the Governor as the Chancellor of universities in the State and appoint eminent academicians in the top post, while the opposition UDF boycotted the House over non-acceptance of its suggestions regarding the bill. The opposition also said there need not be different chancellors for …

Kerala Assembly passes bills to remove Governor as Chancellor of universities
2 years ago

Kerala Assembly passes bills to remove Governor as Chancellor of universities

The Hindu  

The Kerala Assembly passed two University Law Bills to replace the Governor as the Chancellor of universities in the State on December 13, 2022. The legislation will enable the government to appoint academicians or “persons of eminence” in various fields of knowledge including agriculture and veterinary science, technology, medicine, social science, humanities, literature, art, culture, law or public administration. They …

The Governor versus the government
2 years, 1 month ago

The Governor versus the government

The Hindu  

Injured egos are not rare in the cut and thrust of politics. As Chancellor of State universities, Mr. Khan had appointed her to the post, bypassing government nominees. Unleashing a full-blown attack against the LDF government, Mr. Khan alleged that the government had “initiated the process of the collapse of the constitutional machinery” by threatening him with dire consequences and …

Kerala CM accuses Governor of trying to supersede powers of legislature
2 years, 1 month ago

Kerala CM accuses Governor of trying to supersede powers of legislature

Deccan Chronicle  

THIRUVANANTHAPURAM: Kerala Chief Minister Pinarayi Vijayan on Wednesday lashed out at Governor Arif Mohammed Khan by alleging that the latter's moves against university Vice Chancellors, not signing bills enacted by the legislature and seeking removal of the state Finance Minister were attempts to implement the RSS-Sangh Parivar agenda here. Khan's recent move seeking removal of state Finance Minister K N …

Only Upholding Law; Kerala Govt Riled as I'm No Rubber Stamp: Guv to News18 on Row over VCs
2 years, 1 month ago

Only Upholding Law; Kerala Govt Riled as I'm No Rubber Stamp: Guv to News18 on Row over VCs

News 18  

Kerala governor Arif Mohammad Khan last week urged the vice chancellors of several universities in the state to quit their offices, sparking a political storm. The governor, who is the chancellor of the universities, made his decision based on a Supreme Court ruling quashing the appointment of the VC of APJ Abdul Kalam Technological University on the ground that it …

'Should abide by state cabinet's advice': Kerala CM hits out at governor after press conference
2 years, 3 months ago

'Should abide by state cabinet's advice': Kerala CM hits out at governor after press conference

India Today  

After the Kerala governor’s controversial press conference on Monday, Kerala Chief Minister Pinarayi Vijayan on Wednesday hit out at Governor Arif Mohammed Khan and said, “The governor should abide by the advice of the state cabinet, which is what the Constitution demands.” "The governor's post refrains him from showing allegiance towards political organisations," Vijayan told the media. He also made …

Kerala governor reads out speech critical of Centre, says it "overstepped constitutional contours"
3 years, 11 months ago

Kerala governor reads out speech critical of Centre, says it "overstepped constitutional contours"

Firstpost  

Thiruvananthapuram: Kerala governor Arif Mohammad Khan on Friday flayed the contentious farm laws passed by the Centre, against which farmers are on the warpath in Delhi, saying it would undermine regulated markets and help the corporates. The governor also attacked the central investigating agencies, probing various allegations against the state government programmes, saying they have “overstepped the constitutional contours”. “These …

Kerala to move Supreme Court against Farm Bills
4 years, 3 months ago

Kerala to move Supreme Court against Farm Bills

Deccan Chronicle  

Kochi: The Kerala government will move the Supreme Court against the Farm Bills passed by the Parliament. The state government has sought legal advice on approaching the apex court against the agriculture bills, according to regional media reports. Earlier, state agriculture minister V.S Sunil Kumar had remarked that the farm bills will be a big blow for consumerist states like …

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