Kerala Government Sues President Droupadi Murmu for Withholding Assent to Bills

In a bold and unprecedented move, the Kerala Government has initiated legal action against President Droupadi Murmu for withholding assent to four Bills passed by the Kerala Legislature without providing any reasons. Additionally, the Governor of Kerala, Arif Mohammed Khan, is being sued for keeping the Bills pending for an extended and indefinite period before later reserving them for the consideration of the President.

The Kerala Government has filed a writ petition before the Supreme Court, listing the Secretary to the President, the Kerala Governor, and the Additional Chief Secretary to the Governor as respondents. The state will be represented in the Supreme Court by a senior lawyer specializing in Constitutional matters along with C.K. Sasi, its Standing Counsel.

The State argues that the President’s action in withholding assent to the four Bills without providing any reason is arbitrary and in violation of Articles 14, 200, and 201 of the Constitution. It contends that the reference of the seven Bills to the President should be recalled on the grounds of Constitutional morality.

Furthermore, the State asserts that the Union Government’s advice to withhold assent to Bills passed by the Legislative Assembly, which were well within the State Government’s domain, disrupts the federal structure of the Constitution. It accuses the Governor of subverting the delicate balance envisioned by the Constitution between the three organs of the State by rendering the functioning of the elected executive and the State Legislature ineffective.

The State argues that the Governor’s actions lack bona fides and good faith, as he reserved the Bills for the President after keeping them pending for up to 24 months to avoid carrying out his constitutional duty under Article 200 of the Constitution. Consequently, the State contends that the reference of the Bills to the President is unconstitutional.

This legal battle marks a significant confrontation between the State Government and the highest constitutional authorities, raising important questions about the balance of powers and federalism within the Indian constitutional framework.

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