Kerala HC dismisses PIL seeking time-limit on passing of bills by Governor
Nov 30, 2022
Kochi (Kerala) [India], November 30 : Kerala High Court on Wednesday dismissed the PIL seeking to set a time limit for the Kerala Governor to take a decision on the bills passed by the State Assembly.
While dismissing the PIL, the Court observed that "It's not the court's duty to fix a time limit to decide on bills by the Governor and it's for the legislature to do so."
A PIL was filed in the Kerala High Court seeking to set a time limit for the Kerala Governor for taking a decision on the bills passed by the State Assembly. The PIL was submitted by an Aluva native, PV Jeevesh.
The petition contended that "In a democratic society based on the constitution, where the rule of law is upheld, the political wishes and aspirations of the people are reflected through the people's representatives and timely legislation is part of the fundamental right of the citizen. Procrastination on bills without taking a decision is against the constitution and democratic values. The petition points out that the Governor's action is unconstitutional, undemocratic, against the intentions of the Constituent Assembly and with political agenda."
"It is the constitutional obligation of the Governor to sign the bill passed by the cabinet. If the Bill is not approved, it must be sent back to the Assembly or sent to the President," read the petition.
The petition added that "The governor's action of not taking a decision on the bills should be declared against democratic and constitutional principles and a time limit should be set for taking a decision on the bills."
During the previous assembly session, 11 bills have been passed. Among them, four, including the one related to curtailing the powers of the Lokayukta and another intending to prevent the intervention of the Governor in the functioning of the universities, are yet to receive the Governor's approval.
Two other Bills passed last year also have not been approved by the Governor.