Unraveling the Conflict Between Kerala Government and Governor Arif Mohammad Khan

The political panorama of Kerala is currently embroiled in a substantial event that has seized the nationwide spotlight. The state administration has lodged a plea with the Supreme Court against Governor Arif Mohammad Khan. The crux of the matter lies in the alleged procrastination by the Governor in according his approval to the bills ratified by the state assembly.

Unraveling the Conflict Between Kerala Government and Governor Arif Mohammad Khan


The Core Dispute

 

The Kerala government contends that the Governor is intentionally prolonging the endorsement of crucial bills, especially those addressing post-COVID public health apprehensions. As per the state government, this delay is a deliberate effort to subvert the rights of the populace. A second plea has been submitted to the Supreme Court, urging the court to involve the Governor as a party in the case.

 

Governor's Position

 

Governor Arif Mohammad Khan has declared that he will sanction the pending bills only after Chief Minister Pinarayi Vijayan personally meets him to elucidate the rationale behind the bills. This additional layer of intricacy adds nuance to the issue.

 

Authority of a Governor in India

 

The Governor of an Indian state holds a position of influence, wielding various powers and responsibilities under the Indian Constitution. Here are the pivotal powers of a Governor:

 

1. **Executive Authority**:  The executive authority of the state is vested in the Governor, who can wield these powers directly or through subordinate officers.

 

2. **Legislative Authority**:  The Governor possesses the ability to convene or adjourn the State Legislature and dissolve the Legislative Assembly.

 

3. **Financial Authority**:  The Governor oversees the introduction of the state budget and other financial bills in the State Legislature.

 

4. **Judicial Authority**:  The Governor holds the power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of an offense.

 

5. **Discretionary Authority**: In certain scenarios, the Governor can act independently without the advice of the Council of Ministers.

 

It is imperative to recognize that although the Governor wields these powers, their exercise is anticipated to align with the advice of the Council of Ministers, led by the Chief Minister, except in instances where independent action is mandated. The Governor serves as the nominal executive head of the state and also acts as the center's agent, as the union government nominates the Governor in each state.

 

Role of a Governor in India

 The Governor of a state in India plays a pivotal role in state administration, serving as a crucial link between the state and the central government¹⁵. Here are the key roles of a Governor:

 

1. **Constitutional Head**:  The Governor is the constitutional head of a state or union territory, representing the President of India at the state level.

 

2. **Executive Function**:  The Governor exercises executive powers on behalf of the President, appointing the Chief Minister and other members of the Council of Ministers based on the Chief Minister's advice.

 

3. **Legislative Function**:  Governors can convene and adjourn state legislature sessions, deliver addresses at the beginning of each session, and accord assent to bills ratified by the state legislature.

 

4. **Discretionary Function**:  The Governor possesses discretionary powers to be invoked only in specific situations.

 

5. **Judicial Function**:  The Governor appoints the Chief Justice and other judges of the High Courts within their respective states, and holds the authority to grant pardons, reprieves, and remissions of punishment for individuals convicted under state laws.

 

6. **Emergency Function**:  In the event of a constitutional crisis or breakdown in the state's constitutional machinery, the Governor has the power to assume emergency powers, such as assuming control of the state's administration or recommending President's rule.

 

7. **Diplomatic Function**:  The Governor represents the state in ceremonial and diplomatic functions, hosting dignitaries like the President, Prime Minister, and foreign diplomats.

 

It is crucial to note that while the Governor assumes these roles, their execution is expected to align with the advice of the Council of Ministers, led by the Chief Minister, unless independent action is necessitated.

 

The Perspective of the Supreme Court

 

The Supreme Court, during the hearing of a parallel petition filed by the Punjab government, censured Governors for procrastinating decisions on legislated bills. A bench led by Chief Justice D Y Chandrachud admonished Governors, suggesting they refrain from adopting a practice of decision-making only after state governments resort to legal recourse.

 

Conclusion

The ongoing clash between the Kerala government and Governor Arif Mohammad Khan raises significant queries about the power dynamics between the state and the Governor's office. The resolution of this matter and its potential ramifications on Kerala's political landscape remain uncertain.

This narrative is unfolding, and updates will be provided as additional information surfaces.


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