THIRUVANANTHAPURAM: It was an extraordinary move. But then, the compulsions that constrained Kerala to move the Supreme Court against President Draupadi Murmu were also extraordinary. True to its reputation, the State has blazed, yet again, a new trail.
The petition seeks a directive from the apex court to declare as unconstitutional the President’s failure to give assent to the four bills without assigning any reason whatsoever. The Kerala government has named the Union Government, the secretary to the President of India, State Governor Arif Mohammed Khan, who referred the four bills to the President, and his additional secretary as respondents in the case.
The suit challenges the legality of the President’s action to withhold assent to the bills referred to her. Needless to say, the unusual Kerala move is bound to trigger a fiery debate on whether the President’s action is open to judicial review. The President’s secretary is the prime respondent in the suit filed by Chief Secretary V. Venu and the Perambra MLA.
Kerala’s case is that the Governor had no business to refer the bills to the President as they strictly deal with matters falling in the State List of the Constitution. None of the seven bills pending had anything to do with Centre-State relations. The bills had been pending with the governor for nearly two years. His action, Kerala argues, effectively subverted the functioning of the State Legislature, rendering its very existence “ineffective and otiose”.
Among the bills are public interest bills which are meant for the public good. Even these have been rendered ineffective by the Governor, who refused to deal with each one of them “as soon as possible” as required under Article 200.
“The conduct of the Governor in keeping the bills pending for a long and indefinite period of time, and thereafter reserving the bills for the consideration of the President without any reasons relatable to the Constitution is manifestly arbitrary and violates Article 14(equality before law) of the Constitution,” the plea said.
The suit also comes down heavily on the Union Government. The advice given by the Union of India to the President to withhold assent to the four bills, which are entirely within the domain of the State, is also manifestly arbitrary and violates Article 21 of the constitution. Additionally, the actions “impugned defeat of the rights of the people of the State under Article 21(protection of life and personal liberty) of the constitution, by denying them the benefits of welfare legislation enacted by the state assembly,” it said.
The Governor’s inaction on the bills presented for assent for periods as long as 24 months has rendered ineffective and otiose the functioning of a limb of the State under the Constitution and the State Assembly. The Governor’s action has rendered meaningless the very existence of the State legislative Assembly.
Meanwhile, other states have started taking a leaf out of the Kerala book. Karnataka, for instance, has followed Kerala in approaching the apex court in connection with the Union Government’s failure to allocate funds for drought relief work.
Among the bills pending with the President is one that seeks removal of the Governor as chancellor of universities. Another bill, the Kerala Cooperative Societies (Amendment) Bill seeks to give voting rights to the nominated members in the Kerala Cooperative Milk Marketing Federation (Milma).
Last but not the least, Kerala has decided to initiative additional legal measures to cancel the Citizenship Amendment Act (CAA). The State Government has decided to move the Supreme court seeking to cancel the provisions under the legislation. The state Cabinet has asked the Advocate General to initiate further legal action to challenge the CAA 2024, which has been notified by the Union Government. The latest move has come at a time when a suit filed by Kerala is already pending with the Supreme Court.
The LDF Government’s decision is a slap in the face of the Opposition parties, especially the Congress-led United Democratic Front (UDF) which has been telling the people that the CAA implementation cannot be avoided by the states. The States have no option but to implement a law passed by Parliament, the front contends.
But the Kerala Government does not agree. Chief Minister Pinarayi Vijayan who has already inaugurated two massive anti-CAA rallies at Kozhikode and Kannur, says there is no question of Kerala implementing the ‘unconstitutional’ law. And if the crowds that attend the anti-CAA rallies are anything to go by, then the Chief Minister and the government led by him are fully justified in stubbornly opposing the CAA. The move against the President on pending bills and the agitation against the CAA have given the LDF a massive political boost. The Lok Sabha elections will also prove the LDF’s point by sending more Left MPs to Parliament. This is of paramount importance as left MPs alone can espouse the case of the poor and downtrodden besides opposing the unconstitutional actions of the Modi Government. (IPA Service)
