Supreme Court permits Kerala to withdraw plea towards Governor, Centre resists

Appearing earlier than a Bench headed by Justice P.S. Narasimha, Attorney General R. Venkataramani mentioned the State was withdrawing on the power of an April 8 judgment in an similar case regarding the Tamil Nadu Governor. “This is not only a easy withdrawal,” Mr. Venkataramani addressed the court docket.

Solicitor General Tushar Mehta requested the court docket to tag the Kerala petitions towards its Governor with a Presidential Reference pending earlier than a Constitution Bench.

The April 8 judgment has prescribed a most three-month deadline for each the President and State Governors to behave on State Bills despatched to them for approval or reserved for consideration below Articles 200 and 201, respectively, of the Constitution.

In May, the President had issued a reference below the advisory jurisdiction of the Supreme Court (Article 143 of the Constitution), questioning the court docket’s inherent powers below Article 142 to “impose” timelines and prescribe the style of conduct of Governors and the President whereas coping with State Bills.

“How can a withdrawal of a petition be tagged with a Presidential Reference earlier than a Constitution Bench?” Senior advocate Ok.Ok. Venugopal reacted. The senior lawyer mentioned the State was entitled to withdraw its case.

“But there’s a string connected to the April 8 judgment,” Mr. Venkataramani insisted. “No strings connected… The string is lower,” Mr. Venugopal mentioned.

In an earlier listening to on July 14, Mr. Venugopal had submitted that the April judgment had made the State’s petitions infructuous.

The legislation officers had countered the apex court docket ought to attend for the Constitution Bench’s respomses to questioms raised within the Presidential Reference.

However, Justice Narasimha had himself remarked that it will be “very, very tough” for the apex court docket to cease Kerala from withdrawing its petitions.