New Delhi, July 25 (UNI) The Supreme Court today allowed the withdrawal of two petitions filed by the Kerala Government in 2023 challenging the Governor’s delay in granting assent to Bills passed by the State Assembly.
A Bench comprising Justice P.S. Narasimha and Justice A.S. Chandurkar heard the matter.
Senior Advocate K.K. Venugopal, appearing for Kerala, submitted, “My Lords, I hope this time no one will oppose the withdrawal…”
At the outset, Solicitor General Tushar Mehta pointed out that the State had already requested to be heard before a five-judge Constitution Bench.
However, Attorney General R. Venkataramani opposed a blanket withdrawal, stating, “The reliance on Tamil Nadu Governor judgment is not a simple withdrawal.
“If that is the case, they may be heard. There is already a Presidential reference… why should they be allowed to withdraw?”
Justice Narasimha observed, “It’s different if they are asking to consider in terms of the judgment.”
The Attorney General responded, “Unconditional withdrawal… There is a string attached to their withdrawal.”
Ultimately, the Court permitted withdrawal of both petitions.
Earlier, on April 22, the Court had adjourned the hearing after Solicitor General Mehta, appearing for the Union Government, sought time to respond, arguing that the issues raised were factually distinct and not covered by the recent ruling in State of Tamil Nadu v. The Governor of Tamil Nadu.
Senior Advocate Venugopal had maintained that only the time frame for referring a Bill to the President remained as per a Government of India circular.
On July 14, Venugopal again sought withdrawal of the petitions, stating they had become infructuous in light of the Tamil Nadu judgment which had dealt with similar issues.
However, the Centre opposed, with Attorney General Venkataramani and Solicitor General Mehta urging the Court to tag the matter with the pending Presidential reference, highlighting its wider constitutional implications.
Venugopal questioned the opposition, remarking, “Why my Lords are hesitant… this only means both parties will charge money.”
It is pertinent to note that on July 22, the Court issued notice to the Union and all States on a Presidential reference under Article 143(1) concerning the powers of Governors and the President in granting assent to State Bills.
A Constitution Bench led by Chief Justice B.R. Gavai will examine whether judicially enforceable timelines can be prescribed under Articles 200 and 201.
Solicitor General Mehta and Attorney General Venkataramani have been requested to assist the Court, while Senior Advocate Venugopal informed that Kerala would raise preliminary objections to the maintainability of the reference.
