Thiruvanatpuram: Both the ruling LDF and Opposition UDF came down heavily on Governor Rajendra Arlekar for his remark questioning the Supreme Court ruling criticising the Tamil Nadu governor for indefinitely withholding state bills.
CPM general secretary M A Baby told reporters that the Kerala governor’s remark fails to uphold the spirit of the SC verdict. “The governor should have accepted the SC verdict. Criticising the court ruling is not desirable on the part of the governor,” he said.
“The SC has ruled that withholding bills passed by a legislative assembly indefinitely does not augur well for a democracy. Parliament can pass legislation against a SC verdict. However, this verdict upholds constitutional values.
The SC has the power to invalidate a legislation that is against the essence of the Constitution. Even the President has to give assent to a bill if Parliament resends it, after it had been returned earlier. The governor is not above the President.
A governor is appointed by the prime minister and the home minister. They can withdraw the governor at any moment, without any of procedures needed to remove even a peon from service,” Baby pointed out.
Senior Congress leader Ramesh Chennithala said that the state assembly has the same power of the Parliament. Any bill passed by the assembly cannot be withheld by the governor indefinitely.
“The SC ruling was against the indefinite withholding of bills by state governors. If the governor can withhold any bill indefinitely, then what is the relevance of the assembly? A legislative assembly is elected through the will of the people. Governors are appointed as state heads by the Union government. They should reflect the will of the assembly,” he said.
In a statement, CPI state secretary Binoy Viswam said that it is unfortunate that Arlekar is trying to tread the path of his predecessor.
“Persons like Arlekar can easily understand clauses 153-167 of part 3 of the Constitution. The SC verdict is based on clauses in the Constitution. He must perceive issues as a governor, rather than as a BJP leader. The governor must try to strengthen Centre-state relations,” he said.
CPM state secretary M V Govindan said that though the party does not hold the view that all court rulings are right, it is of the opinion that the SC verdict on governors indefinitely holding bills is in the right spirit. “The SC verdict is good for preserving democracy. The governor is not above any legislative assembly elected by the people,” he added.
In a recent interview to a daily, Arlekar criticised the SC verdict. Terming it a case of judicial overreach, he said the court should have referred the matter to a larger bench. Arlekar was of the view that if constitutional amendments are brought in by the apex court, then what were Parliament and legislatures for.
The remark has also come as a setback to the LDF government’s aspirations for a smooth sail in relations with Governor Arlekar, following the tenure of Arif Mohammed Khan that was marked by confrontation and rancour.
