Centre Opposes Kerala's Plea To Withdraw Petitions Filed In Supreme Court Against Governor Over Delay In Assent To Bills

The State of Kerala told the Supreme Court on Monday (July 14) that it wanted to withdraw the two petitions filed in 2023 against the Kerala Governor over the delay in granting assent to the bills passed by the legislative assembly.

Senior Advocate KK Venugopal, appearing for the State, made the submission before a bench comprising Justice PS Narasimha and Justice AS Chandurkar, saying that the matter has now become infructuous in view of the recent judgment passed by the Supreme Court in the Tamil Nadu Governor case.

"Both writ petitions, I have instructions to withdraw both petitions. So far as we are concerned, both are infructuous...I want to withdraw simplicter," he said.

However, Attorney General for India R Venkataramani and Solicitor General of India Tushar Mehta opposed the State's plea for withdrawal. They requested the bench to await the Court's decision on the reference made by the President under Article 143 of the Constitution on questions related to granting assent to bills.

Justice Narasimha wondered if the Court can prevent a litigant from withdrawing a petition, being the "dominus litigant." When Justice Narasimha asked when the Presidential reference was likely to be listed, SG Mehta answered, "very soon." "It will come up for a preliminary hearing. As per rules, it has to be listed before a 5-judge bench," SG said. SG said that the State's petition could also be referred to be tagged along with the Presidential reference.

"Assuming it got listed, even then he is entitled to withdraw the matter," Justice Narasimha said. Ultimately, the bench agreed to list the matter next week.

Venugopal wondered why a State should be prevented from withdrawing their petition. "Why mylords are hesitant for the State to withdraw the petition? There has to be some rationale..this only means both parties will charge money," he said. SG replied in a lighter vein that the Central Government does not have to spend much for this litigation. "Mr.Venugopal knows, only clerkage is charged," SG said.

"We will make it very clear, tentatively there can't be an objection to withdraw," Justice Narasimha said, posting the matter next week.

The petitions which were listed today were - a writ petition filed by the State in 2023 against the Governor's delay in clearing the bills, and a special leave petition filed by the State against the Kerala High Court dismissing a PIL filed by a person for guidelines to the Governor on timely clearing of bills.

Background

The State filed the writ petition in 2023 before the Supreme Court challenging the Governor's action in sitting over Bills, concerning amendments to laws concerning State Universities and Cooperative Societies, for several months, ranging from 7 months to 24 months.

After the writ petition was filed and notice was issued on November 20, 2023, the Governor reportedly referred seven Bills to the President. On November 29, 2023, the Court criticised the Governor for his inaction. The then Chief Justice of India DY Chandrachud stated that the "power of the Governor cannot be utilised to pause the law-making exercise of the legislature," while referring to another judgment passed in the Punjab Governor matter (November 23, 2023) in which a three-judge bench held that Governor does not have veto powers in withholding assent in regards to the Bills.

On February 29, 2024, the President withheld assent from four Bills while approving the other three, against which the State argued that no reasoning was given by the President for rejection. Challenging the President's withholding of assent as well as the Governor's reference to the President, the State filed another writ petition in March 2024 (which was not listed today).

In an earlier hearing, the Attorney General and Solicitor General both took a stand that the Tamil Nadu Governor matter does not cover the present case.

Case Title: THE STATE OF KERALA AND ANR. v. HONBLE GOVERNOR FOR STATE OF KERALA AND ORS.|W.P.(C) No. 1264/2023 and THE STATE OF KERALA AND ANR. v. P.V.JEEVESH AND ORS|Diary No. 46812-2023