New Delhi: The Kerala government will adopt a dual strategy of filing a special leave petition before the Supreme Court, seeking to issue directions to the Governor to take a decision on eight bills passed by the Kerala Legislature and filing an appeal against the High Court order in one case. Will go. Similar prayer this week.
After much procrastination, the state government decided to file a case against the Governor in the apex court. Sources said the petitions are likely to be filed before Wednesday.
While the special leave petition will directly seek directions from the Governor to take action on the bills pending before him, the state will file an appeal against the High Court’s decision to dismiss the writ petition seeking to indefinitely stall the bills passed by the Governor. Was challenged. state legislature. The state was listed as the defendant in the case, which was filed by a lawyer before the high court.
West Bengal case
Incidentally, last week the Supreme Court’s oral observation in a case between the West Bengal government and the Governor was that the Governor is required to take decisions on bills passed by the state legislature, although the Constitution does not specify any time limit for him to act. Is. This is a big blow for the Kerala government.
Eight bills, including the University Laws (Amendment) Bill, the Kerala Public Health Bill and the Kerala Public Commissioner (Amendment) Bill passed by the state assembly, are awaiting the assent of the Governor. The Universities Bill was passed on November 12, 2021.
The state told senior lawyer K.K. Has been appointed. Venugopal will make the Governor a respondent in both the cases to argue his case. Kerala will also argue that the Governor’s act of stalling the bills and not acting in accordance with the provisions of Article 200 of the Constitution, which prescribes the Governor’s action on a bill passed by the state legislature, was obstructing the state government. From discharging his constitutional duties.
The state would further argue that the Governor’s action of summoning ministers and officials to seek clarification on the bills passed by the state legislature was constitutionally unnecessary.
