His statement came amid a growing tussle between the Left government and the Raj Bhavan on the issue of not signing certain bills.
Kerala Governor Arif Mohammad Khan. (South First)
Following the Kerala government filing another petition in the Supreme Court against Governor Arif Mohammad Khan, he asserted on Friday, 10 November, that he was acting in accordance with the Constitution and asked whether there was any evidence suggesting that he had caused a crisis in the state.
Speaking to reporters in New Delhi, Khan said that the state government had, however, “crossed the line” on numerous occasions.
His statement came amid a growing tussle between the Left government and the Raj Bhavan on the issue of not signing certain bills.
“Have they given any evidence that I have created a crisis? Merely making a statement does not mean that. Crisis means when you go beyond the powers or authority which is given to you by the Constitution. Give me one single example of where I have gone beyond that,” said Khan.
“Show me one instance where I have crossed the line. And how many times my own government has crossed the line, there is a long list. So who is creating the crisis?” he added.
The Governor also alleged that pensions and salaries were not being paid in the state and, in an apparent reference to the recent Keraleeyam event, said that the state was “having big celebrations”.
“We are having big celebrations. We are having swimming pools made at a cost of a million rupees,” Khan told reporters.
The Kerala government filed a special leave petition (SLP) in the Supreme Court on 8 November against Governor Arif Mohammad Khan.
The petition, the second since 2 November, sought suitable instructions requiring Khan to clear bills passed by the state legislature on time. It also accused the Governor of purposely delaying decisions on bills passed by the state legislature with a clear majority.
The state’s chief secretary and law secretary filed the SLP as an appeal against a 2022 Kerala High Court verdict that refused a petition opposing the Governor’s decision to withhold controversial Bills indefinitely.
According to the SLP, the Governor is doing a grave injustice to the people of the state and members of the legislature by postponing the decision on legislation passed with a majority in the Assembly.
According to the petition, the Governor has not taken a decision on the eight crucial Bills passed by the Assembly, which it contended was illegal.
The petitioners in the first lawsuit, filed on 2 November, were Chief Secretary V Venu and CPI (M) MLA TP Ramakrishnan.
The Governor, the Raj Bhavan’s additional chief secretary, and the Union Government are the opposing parties.
While considering a similar appeal from Punjab, the Supreme Court on Monday chastised Governors for failing to clear Bills passed by legislatures.
”Governors should refrain from delaying decisions till state governments have petitioned the court, and they should keep in mind that they are not elected by the people,” said a bench led by Chief Justice of India Justice DY Chandrachud.
Heading a bench comprising Justice JB Pardiwala and Justice Manoj Misra as well, Chandrachud also remarked: “There has to be a little of soul-searching by all, by the Governors. Governors must act even before the matter comes to the Supreme Court. This has to come to an end when Governors act only when matters reach the Supreme Court.”
The Punjab administration claimed that Governor Banwarilal Purohit was causing administrative paralysis by failing to enforce seven Assembly-passed laws.
The Supreme Court on Friday termed it a matter of “serious concern” and said it was not happy with what is happening in the state.
The bench told both the Punjab government and the Governor, “Our country has been running on established traditions and conventions and they need to be followed.”
It pulled up the Punjab Governor for not giving assent to bills passed by the state Assembly saying “You are playing by fire” and questioned his power to term the Assembly session as unconstitutional.
In the verdict delivered in November 2022, the Kerala High Court said that it cannot impose a time limit on the Governor’s authority to give assent to Bills presented for his approval.
“Under a parliamentary democracy, when the Hon’ble Governor is left with discretion under Article 200 of the Constitution of India, it may not be appropriate for the courts to issue any direction to the Governor of a state to exercise the discretion within a time frame to be fixed by the court,” said the Kerala High Court order.
A Kerala High Court Division Bench consisting of Chief Justice S Manikumar and Justice Shaji P Chaly issued the order, which is currently under appeal in the Supreme Court.
The state government now claims in both petitions filed with the Supreme Court that the Governor has failed in his obligations.
The latest SLP says that the Governor’s actions “threaten to defeat and subvert the very fundamentals and basic foundations of our Constitution, including the rule of law and democratic good governance. They also threaten to defeat the rights of the people of the state to the welfare measures sought to be put in place through the bills”.
The state government has sought “a directive to get the pending bills disposed of within a reasonable time, but further that these Bills have to be dealt with urgently and expeditiously without any avoidable delay”.
According to the state, no action has been taken on as many as eight pieces of legislation passed by the state Assembly and sent to the Governor for his signature under Article 200 of the Constitution.
The state has notified the apex court that three laws have been pending with the Governor for more than two years, while three more have been waiting for his nod for more than a year. Only two are of recent origin.
In relation to each of the bills that are currently before him, the state has requested that the Governor exercise his powers under Article 200 of the Constitution.
Previously, Chandrachud stated that Governors cannot wait on bills indefinitely.
“As would now be demonstrated, the Governor’s conduct threatens to defeat and subvert the very fundamentals and basic rights of the people of the state. Apart from the principles of our Constitution, such as the rule of law and democratic good governance, from eroding citizens’ rights to the welfare measures that are sought to be implemented,” asserts the SLP.
(With PTI inputs)
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