New Delhi — The Kerala government has strongly opposed the Presidential reference made to the Supreme Court seeking clarity on the time frame within which Governors should act on Bills passed by State legislatures. In a submission to the apex court, Kerala argued that the reference undermines the authority of binding Supreme Court judgments that have already addressed many of the issues raised.
Kerala pointed out that 11 out of the 14 questions posed in the Presidential reference are already settled by earlier verdicts of the Supreme Court. According to the state, entertaining the reference would amount to a review of the Court’s previous binding decisions, which is not permissible through a Presidential reference under Article 143 of the Constitution.
The Presidential reference, filed earlier this year, seeks the Supreme Court’s opinion on whether a Governor is constitutionally bound to act within a particular time frame on Bills presented for assent. The matter comes amid mounting tensions between State governments and Governors in several opposition-ruled states, including Kerala, Tamil Nadu, and West Bengal, over perceived delays and inaction by Governors on State legislation.
In its affidavit, Kerala maintained that delays by Governors in assenting to Bills violate the spirit of federalism and democratic functioning. The state urged the court to dismiss the reference, calling it an attempt to reopen matters that have already been conclusively decided.
The Supreme Court is expected to hold further hearings on the issue in the coming weeks, with several States and constitutional experts likely to weigh in. The outcome could have major implications for Centre-State relations and the constitutional role of Governors across India.
