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Supreme Court Permits Kerala To Withdraw Governor Pleas

Why in the News ?

The Supreme Court allowed Kerala to withdraw two petitions against its Governor for delay in clearing Bills, following a precedent-setting April 8 judgment on Tamil Nadu, while debating linkage with a Presidential Reference before a Constitution Bench.

Supreme Court Decision and Context

  • Kerala moved to withdraw two petitions against its Governor over delayed assent to State Bills.

  • The pleas were filed due to the Governor’s delay in clearing crucial Bills despite Centre’s resistance.

  • The court hearing was led by Justice P.S. Narasimha.

  • Withdrawal was based on the April 8 Supreme Court judgment setting a 3-month deadline for Governors and the President to act on Bills under Articles 200 and 201.

  • Attorney General R. Venkataramani described the withdrawal as significant, not merely procedural.

Debates and Implications

  • Solicitor General Tushar Mehta sought to link Kerala’s withdrawal to the ongoing Presidential Reference case.

  • Senior Advocate K.K. Venugopal argued Kerala’s right to withdraw independently, with no “strings attached.”

  • Justice Narasimha remarked it would be difficult to stop Kerala’s withdrawal.

  • The case highlights tensions between executive discretion and judicial timelines for Governors and President.

  • The decision may affect how State legislations are processed and the balance of constitutional powers.
Key Constitutional Provisions: Article 200, 201 & Presidential Reference Article 200 – Assent by Governor Empowers the Governor to assent, withhold, return, or reserve State Bills for the President’s consideration.

Applicable after a Bill is passed by the State Legislature.

Governor has four options: give assent, withhold assent, return for reconsideration, or reserve it.

Reservation is mandatory in certain cases (e.g., derogating from Union laws).

There is no fixed timeline mentioned in the Constitution.

Article 201 – President’s Assent Deals with the President’s power on Bills reserved by the Governor.

President may give assent, withhold, or direct reconsideration by the State.

Bill does not become law until the President assents.

Like Article 200, no time limit is specified for Presidential action.

Presidential Reference – Article 143 Allows the President to seek the Supreme Court’s advisory opinion on constitutional matters.

The April 2024 reference questioned the Court’s power to impose time limits on Governors and the President.

Not binding, but carries great legal weight.