THIRUVANANTHAPURAM: Kerala Governor Arif Mohammed Khan on Thursday the act of the state government to move the Supreme Court against the Citizenship Amendment Act, without informing him was "improper".
He also said that he was not a rubber stamp and will apply his own mind.
Khan, while speaking to reporters at the airport here, said protocol demanded that he should have been informed first.
He also hit out at the state government for moving the Supreme Court against the implementation of the Citizenship Amendment Act without seeking his approval.
He has also called it a “breach of protocol and courtesy” and expressed displeasure that he got to know of the decision “through newspapers”.
"Even the rules of the Assembly provide that the legislature shall not discuss any subject which does not come under their constitutional jurisdiction. I have no problem if they go to the Supreme Court. Even there I feel, without informing the constitutional head of the state, what they have done is improper," Khan said.
"There is a legal maxim, neither me nor anyone is above the law. Clearly I am not against anyone approaching the judiciary. But, with me being the Constitutional head of the state, they (the state government) should have informed me about it, but I came to know through the newspapers. Some people here, think they are above law," said Khan.
Khan was reacting to the media after reports surfaced that he refused to sign an ordinance approved by the Kerala cabinet to increase the number of members in local bodies.
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"I make it very clear that the Constitution does not expect me to be a rubber stamp. I have to apply my own mind. I will need time to go through what the ordinance is all about. With the assembly session soon to be convened what was the need. I have raised some questions and I need to get the answers and after that I will apply my mind. I never said I will not sign it," said Khan.
"Yet I do not find anything wrong with it. I do not find any fault with their decision to go to Supreme Court, why because, Constitution gives that authority to the Supreme Court. But the protocol demanded that they should have informed me first," the Governor added.
In reply to a question that the government will return it to him if he won't sign, Khan shot back, "who said so, there is nothing like that."
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Khan of late has been putting his foot down and has taken a tough position in the manner the Pinarayi Vijayan government has been taking positions on the Citizenship Amendment Act.
“This is a breach of protocol and a breach of courtesy. I will look into it whether the state govt can go to the Supreme Court without the approval of the Governor. If not the approval, they could have just informed me,” Khan said.
(With IANS and ANI inputs)