New Delhi: The Supreme Court is slated to hear on Tuesday a plea filed by the Kerala government against a decision rendered by the Kerala High Court refusing to lay down any fixed timeline for the Governor to assent bills.
As per the causelist published on the website of the apex court, a bench headed by CJI D.Y. Chandrachud and Justices J.B. Padiwala and Manoj Misra will hear the matter on November 28.
The special leave petition filed by the Kerala government questions High Court’s dismissal of a PIL filed by a practicing advocate seeking a declaration that the actions of the Governor in withholding the bills indefinitely are contumacious, arbitrary, despotic and antithetical to the democratic values.
The Public Interest Litigation (PIL) had said that the Governor has no power to withhold the bills ad infinitum (infinitely) and he has the Constitutional obligation under Article 200 of the Constitution of India to exercise the discretionary powers on the bills without any procrastination.
It demanded that on the legislative bills presented by the State Legislature, the Governor should act within a period of two months from the date of receipt.
“It is the Constitutional obligation of the Hon’ble Governor, either to give assent to a Bill or send it back for reconsideration by the Legislature or reserve it for consideration by the Hon’ble President,” contended the plea filed before the High Court.
It added that the National Commission To Review The Working of The Constitution, Sarkaria Commission and Justice M.M. Punchhi Commission have recommended that there should be a time frame within which the President or Governor has to exercise their discretionary power.
Recently, the Supreme Court had suggested to the Kerala Governor to go through the judgment delivered by the apex court in the Punjab Governor’s case.