Supreme Court allows Kerala to withdraw plea against Governor's delay in clearing Bills

The Supreme Court on Friday allowed the CPI(M)-led Kerala Government to withdraw a plea accusing the State's Governor of delaying the grant of assent to Bills passed by the State Assembly, as well as a related plea over the President's refusal to assent to certain Bills that were referred to her by the Governor [State of Kerala and anr. v. The Honble Governor for State of Kerala and ors.]

A Bench of Justices PS Narasimha and Atul S Chandurkar allowed the Kerala government's request to allow it to withdraw the matter despite the Central government's opposition to the same.

"Suppose they (Kerala government) are asking us to dispose it, I understand (the opposition to the withdrawal) ... but they want to withdraw," Justice Narasimha observed.

The Court proceeded to allow the withdrawal sought by the State government.

"The plea under Article 32 and connected SLP is sought to be withdrawn. Withdrawal allowed."

The Kerala government had earlier told the Supreme Court that it wanted to withdraw these petitions since they were now infructuous. This was after the Governor referred the State Bills in question to the President of India. The State also opined that its case was squarely covered by a judgment passed in April, by which the Supreme Court laid down timelines for Governors and the President to clear State Bills.

Representing the Kerala government, Senior Advocate KK Venugopal told the Supreme Court on May 6,

"Both the petitions are infructuous. We will be withdrawing both of them."

At the time, Solicitor General of India (SG) Tushar Mehta had strongly opposed the request, arguing,

"These are constitutional issues. It cannot be filed lightly and withdrawn lightly."

SG Mehta stood by this stance today, adding,

"This can be tagged before the five judges' bench (which is slated to hear a case concerning whether the Supreme Court can lay down timelines and procedures for the President and State Governors when considering Bills passed by State legislatures)."

"I just want to withdraw it," replied Venugopal.

Attorney General of India (AG) R Venkataramani added,

"This is not a withdrawal in simpliciter. Let the matter be heard. The Tamil Nadu judgment (whether the Court criticised the Tamil Nadu Governor for witholding assent to State Bills) perhaps needs to be referred to a larger Bench. There is also Presidential reference now."

The Court, however, eventually allowed the Kerala government to withdraw its petitions today.

One petition was filed in 2023 over delays by then-Kerala Governor Arif Mohammed Khan in clearing Bills passed by the State Legislature. In November that year, the State told the top court that as many as eight Bills were pending assent before the Governor for periods ranging between seven months and twenty three months.

A second petition was filed in 2024  against President Droupadi Murmu's decision to withhold her assent to four of the seven bills referred to her by the State Governor Arif Mohammed Khan in 2023.

During an April 22 hearing, the State had said that the Supreme Court's judgment concerning the Tamil Nadu Governor would cover the case involving allegations of undue delay by the Kerala Governor in clearing State Bills.

SG Tushar Mehta had disagreed and said that he wished to make submissions to show the difference between the present case and the Tamil Nadu Governor's case.

AG R Venkataramani too had supported SG Mehta's view.