| ASPECTS | DETAILS |
| Case Title | Kerala Moves SC: Governor Referring Bills, President Withholding Assent |
| Introduction | The Kerala government has approached the Supreme Court against Governor Arif Mohammed Khan referring seven Bills passed by the state legislature to the President and the latter withholding assent to four of them without giving any reason, terming their actions as manifestly arbitrary. |
| Factual Background | The Bills include the Kerala Co-operative Societies (Amendment) Bill, 2022, which allows voting rights for nominated members of Kerala Co-operative Milk Marketing Federation (MILMA), and three Bills pertaining to universities aimed at removing the Governor as Chancellor and granting power to the state government to appoint chancellors. |
| Legal Issues | The state contends that the Governor’s actions violate Article 14 of the Constitution, are arbitrary, and subvert the functioning of the legislature. |
| Applicable Law | Articles 14, 200, and 201 of the Indian Constitution.
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| Analysis | The state argues that the Governor’s actions in keeping Bills pending for long periods without reasons and then referring them to the President, who withholds assent without reasons, are unconstitutional and lack good faith. |
| Conclusions | The state seeks a declaration from the court that the actions of the Governor and the President are unconstitutional and urges the court to call for records related to the Bills. |
| Current Scenario | The case is pending before the Supreme Court. |
CASE SUMMARY: The Kerala government has approached the Supreme Court against Governor Arif Mohammed Khan referring seven Bills passed by the state legislature to the President and the latter withholding assent to four of them without giving any reason, terming their actions as manifestly arbitrary. The Bills include the Kerala Co-operative Societies (Amendment) Bill, 2022, which allows voting rights for nominated members of Kerala Co-operative Milk Marketing Federation (MILMA), and three Bills pertaining to universities aimed at removing the Governor as Chancellor and granting power to the state government to appoint chancellors. The state contends that the Governor’s actions violate Article 14 of the Constitution, are arbitrary, and subvert the functioning of the legislature. The state seeks a declaration from the court that the actions of the Governor and the President are unconstitutional and urges the court to call for records related to the Bills.
SOURCE- THE INDIAN EXPRESS
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