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THIRUVANANTHAPURAM: With advice from legal experts and senior advocates of the Supreme Court, the state government is planning to introduce legislation against Governor Arif Mohammed Khan. The government is determined to remove the governor legally and is exploring various options, including approaching the Supreme Court, sources said.
The LDF government has sought comments on record from constitutional expert Fali S Nariman, chief justice and the Supreme Court, on the possible legal options before the governor, who have been sitting on the bill passed by the state assembly.
Sources said that the government is getting positive feedback from the legal experts for further action against the governor. The government plans to prove in court that the governor has failed to fulfill his constitutional obligations under Article 200.
“When a bill is received for his assent, the governor can accept it, return it, withhold his assent by stating the reason for doing so, or reserve it for the discretion of the President. The government sought advice as the governor has not yet taken these steps,” they said.
According to Article 200, the governor must act “as soon as possible”. The government wants to bring clarity from the court over time. Two controversial laws – the Lok Ayukta and the University Amendment Bills – have been pending before the governor for some time now.
The government thinks that the governor is sitting on them, there is nothing to do, since no time is mentioned. The government believes the governor’s actions are unconstitutional, so legal avenues can be explored.
There is also a plan to show the court some statements by the governor that show he does not agree with the law. The government is also studying the possibility of bringing in a law to remove the governor as the principal of the universities. The government is also said to have discussed with former Attorney General KK Venugopal about legal measures to curb the actions of the governor against deputy commissioners.
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