The Supreme Court of India announced on Tuesday that it will examine if the landmark judgement regarding the Tamil Nadu government, which established specific timelines for the grant of assent to bills, also addresses similar concerns raised by the Kerala government. The case is set for hearing on May 6.
A bench comprising Justices P S Narasimha and Joymalya Bagchi will delve into the issues after the Attorney General R Venkataramani and Solicitor General Tushar Mehta, representing the Centre and the Governor’s office, suggested that the circumstances in the Kerala case differ from those covered by the April 8 verdict led by Justice J B Pardiwala. This previous judgement had struck down the reservation of 10 bills for presidential consideration, declaring the action illegal and erroneous, while also setting a three-month deadline for presidential decision on bills referred by governors.
The state of Kerala, represented by senior advocate K K Venugopal, argues that their situation is akin to that of Tamil Nadu, warranting similar judicial directives. Venugopal pressed for the acceptance of Kerala’s pleas based on the Tamil Nadu judgement, stating, “What is the timeline for making a reference to the President by the Governor and this issue is dealt with by that judgement and there are no other questions.”
However, Mehta maintained that the Kerala scenario was not encapsulated by the Tamil Nadu decision, prompting the bench to schedule a comprehensive hearing. “The judgement does not cover certain issues in this case on facts which are essentially different,” the bench noted, establishing May 6 for further discussions.
The bench also instructed Venugopal to approach Chief Justice of India for linking a subsequent plea challenging the withholding of assent by the President to this case, with a tentative hearing set for May 13.
The heart of the dispute dates back to 2023, when the then Kerala Governor Arif Mohammed Khan was criticized by the Supreme Court for delaying the assent to bills for an extensive period of two years, a move that substantially hindered the legislative process. The Kerala government has alleged that certain bills, unrelated to Centre-state relations and pivotal for public welfare, have been unduly stalled.
