NEW DELHI, APRIL 24, 2025 — The Supreme Court today adjourned the hearing in petitions filed by the State of Kerala challenging the delay by the Kerala Governor in granting assent to bills passed by the Kerala Legislative Assembly. The matter has now been scheduled for hearing in May 2025.
The case, titled State Of Kerala &Anr. v. Governor For State of Kerala & Ors. (W.P.(C) No. 1264/2023), was heard by a bench comprising Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi.
CENTRE SEEKS TIME, ARGUES CASE IS FACTUALLY DIFFERENT
During the hearing, Solicitor General Tushar Mehta, representing the Union Government, submitted that the issues raised in Kerala’s petition are not covered by the recent judgment in State of Tamil Nadu v. The Governor of Tamil Nadu (2025).
“The Tamil Nadu judgment does not fully address the issues in the Kerala case,” Mehta told the Court, arguing that the “facts are materially different” and requesting additional time to file a detailed reply.
KERALA SAYS TAMIL NADU VERDICT RESOLVES MOST ISSUES
Appearing for the State of Kerala, Senior Advocate K.K. Venugopal submitted that the issues are largely settled by the Tamil Nadu ruling, and that only one narrow question remains—the time frame within which the Governor must refer a bill to the President of India.
“The issues raised in the present petition are substantially covered by the recent judgment delivered in the Tamil Nadu Governor case. The only limited question now remaining is regarding the time frame within which a reference must be made to the President,” said Venugopal.
“This time limit has been held to be three months, as per a circular issued by the Government of India, and no further questions survive for adjudication.”
The Bench then asked Venugopal:
“What do you propose to do? It is your petition. Are you intending to withdraw? It is covered by the judgment and therefore you are not allowed to argue it beyond the terms of the judgment.”
In response, Venugopal withdrew an amendment application, noting that the additional issues raised would also fall within the scope of the Tamil Nadu decision.
BACKGROUND: KERALA GOVERNOR’S DELAY IN ASSENT
The case originated from a standoff in which then Kerala Governor Arif Mohammed Khan allegedly withheld assent to several bills passed by the Assembly, in some cases for nearly two years. In November 2023, a bench led by Chief Justice DY Chandrachud issued notice in the matter and criticised the Governor’s inaction.
Later, when some of the bills were referred to the President, the State of Kerala filed a fresh writ petition challenging both the referral and the President’s refusal to grant assent. The Court issued notice to the Centre in July 2024.
TAMIL NADU CASE SETS CONSTITUTIONAL BENCHMARK
The Kerala case closely follows the landmark Tamil Nadu Governor case, in which a Bench of Justice JB Pardiwala and Justice R. Mahadevan ruled that Article 200 of the Constitution requires timely action from the Governor.
“The substantive portion of Article 200 uses the expression ‘shall declare’ to underline that inaction is constitutionally impermissible,” the Court had stated.
It emphasized that the Governor cannot withhold assent indefinitely and must act with constitutional expediency. The ruling clarified that pocket vetoes are not permissible under the Indian Constitution.
CASE TITLE
State Of Kerala &Anr. v. Governor For State of Kerala & Ors.
W.P.(C) No. 1264/2023
