In a recent development, President Murmu has decided to withhold assent for three bills passed by the Kerala State Legislative Assembly, signaling a setback for the ruling CPI(M) in the state. This decision, particularly regarding legislation aimed at divesting the governor from the position of chancellor of universities in Kerala, highlights the ongoing friction between the Governor and the State Government.

Background

Over the past two years, there has been a recurring issue surrounding the relationship between the Governor and the State Government, resulting in several bills pending approval at Raj Bhavan. Out of the eight bills forwarded to the Governor, only one, the Kerala Lokayukta Amendment Bill, 2022, has received clearance. This bill, however, has drawn attention due to its implications for the powers of the anti-corruption watchdog.

Withheld Bills

The bills that President Murmu has chosen to withhold assent for include:

• Kerala University Laws [Amendment No.2] [Divesting Governor from the position of Chancellor of Universities] Bill 2022
• University Law Amendment Bill 2022 [Expansion of Search Committee for the Appointment of Vice Chancellor]
• University Law Amendment Bill 2021 [Appellate Tribunal issue and other amendments to Technological University and others]

Implications

The decision to withhold assent for these bills, particularly those related to higher education and university governance, is significant. These bills were intended to limit the governor’s authority within universities, potentially giving more control to the government in the appointment of Vice Chancellors.

Legal Context

The delay in approving these bills has prompted the State Government to take action, including moving to the Supreme Court last November. This move was in response to Governor Arif Mohammed Khan’s failure to either consent to the bills or refer them to the President. The Supreme Court’s intervention emphasized that Governors should not obstruct the legislative process, citing a similar case involving the Punjab government.

Way Forward

While one of the eight pending bills received the Governor’s assent, the fate of the remaining seven, including those concerning higher education, remains uncertain pending the President’s decision. The ongoing friction between the Governor and the Government underscores the complexities of governance and legislative processes at the state level.

Conclusion

The withholding of assent for key legislative measures by President Murmu reflects the intricate dynamics between different branches of government. As the State Government navigates this challenge, the resolution of these pending bills will continue to shape the governance landscape in Kerala.

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