Kerala moves Supreme Court against President withholding assent to four bills

The Kerala government has moved the Supreme Court against President Droupadi Murmu's decision to withhold her assent to four of the seven bills referred to her by the State Governor Arif Mohammed Khan last year..According to the State, the seven bills were presented to the Governor for assent in 2021 and 2022 but he forwarded them for the consideration of the President last year.The President is stated to have granted her assent to only one of the bills this month and withheld four. Out of the total seven, the decision is pending on the remaining two..The seven bills are:1. University Laws (Amendment) (No. 2) Bill, 2021 - Bill No. 502. University Laws (Amendment) Bill, 2021- Bill No. 543. Kerala Co-operative Societies (Amendment) Bill, 2022 - Bill No. 1104. University Laws (Amendment) Bill, 2022 - Bill No. 1325. Kerala LokAyukta Amendment Bill, 2022 - Bill No. 1336. The University Laws (Amendment) (No.2) Bill, 2022 – Bill No. 1497. The University Laws (Amendment) (No. 3) Bill, 2022 - Bill 150According to the petition, the two of the bills remained pending with the Governor for nearly 24 months and others for seven to 16 months..In the petition moved before the top court, the State government has challenged the actions of both the President and the Governor.With regard to the President withholding assent, the State has argued that such actions of Union government - which advises the head of the State, "subverts and disrupts" the federal structure of the Constitution of India and is a grave encroachment to the domain entrusted to the State by law.In addition, the State also has alleged that no reason has been given for withholding assent for the four bills..On Governor Khan's decision to refer the seven bills to the President, the State government has questioned the delay of keeping them pending for many months with him before sending them to the President.It has argued such inaction by Khan "subverted the functioning of the legislature of the State and rendered its existence itself ineffective and otiose.""The matter relates to the acts of the Governor of Kerala, in reserving whole 7 bills, which he was required to deal with himself, to the President of India, though no single one among the 7 bills relates to Centre-state relations," the petition filed by the State contends. .The government has further said the Governor never informed the President that there was a gap of many months in referring the bills for her consideration.The same was a violation of Article 200 of the constitution which mandates the Governor to send such bills for presidential reference "as soon as possible", the State said."The bills include public interest bills which are for the public good, and even these have been rendered ineffective by the Governor not dealing with each one of them “as soon as possible” as required by the proviso to Article 200"It has further told the top court that if the President would have been informed about the delay, she "would have put on enquiry" for not referring the bills "as soon as possible" in accordance with the provisions of the proviso to Article 200 of the Constitution..Contending that such action had "rendered meaningless" the very existence of the Legislative Assembly, the State said it was obvious there was a "deliberate attempt" on the Governor's part to "avoid" carrying out his constitutional duty function.Accordingly, the State urged the Supreme Court to declare that the act of Presidential reference made by the Governor for the four bills as unconstitutional.While praying that the withholding of the assent by President for the four bills be also declared unconstitutional, the State has sought a direction for the Governor to grant assent to the six bills..Pertinently, Kerala government had last year approached the Supreme Court against Governor Khan delaying the grant of assent to bills passed by the State's Legislative Assembly.Similar petitions have been moved by the State governments of Punjab, Tamil Nadu and Telangana in the past.