THIRUVANANTHAPURAM: Armed with advice from Constitutional experts and senior Supreme Court lawyers, the state government is planning to take legal recourse against Governor Arif Mohammed Khan. The government is determined to legally take on the governor and is exploring various options, including approaching the Supreme Court, sources said.
The LDF government has sought advice on record from constitutional expert Fali S Nariman, senior advocate with the Supreme Court, on the possible legal options before it against the governor, who has been sitting on bills passed by the state assembly.
The sources said the government has got positive response from legal experts on further action against the governor. The government plans to point out in the court that the governor has failed to discharge his constitutional duties as per Article 200.
“When a bill comes for his assent, the governor can either give the assent, send it back, withhold his assent by citing the reason for doing so, or reserve it for the consideration of the President. The government has sought legal advice since the governor has not taken any of these actions,” they said.
As per Article 200, the governor should take action “as soon as possible”. The government wants to bring in clarity from the court on the time frame too. Two controversial legislation — the Lok Ayukta and University Amendment Bills — have been pending before the governor for some time now.
The government feels that the governor has been sitting on them, without any action, since no timeframe is mentioned. The government is of the view that the governor’s action is anti-constitutional, and hence, legal options can be explored.
There are also plans to bring to the notice of the court certain statements made by the governor making it clear that he would not give his assent to the legislation. The government is also learnt to be exploring the feasibility of bringing in an ordinance to remove the governor as chancellor of universities. It’s learnt that the government has also held discussions with former Attorney General K K Venugopal on the legal measures to counter the governor’s move against vicechancellors.