AG To SC: 'TN judgment On Delay By Governor In Clearing Bills Doesn't Cover Kerala Case'

New Delhi: The Attorney General of India R Venkataramani on Tuesday told the Supreme Court that the April 8, 2025, verdict in the case of Tamil Nadu Governor on pending bills does not cover the facts in a plea filed by the Kerala government, over the delay in clearing the bills by the state's Governor.

A bench comprising Justices J B Pardiwala and R Mahadevan, in a judgment on April 8, declared that the Tamil Nadu Governor's decision to withhold assent to 10 bills was "illegal" and "arbitrary" and fixed a three-month timeline for the President to clear the bills.

Today, the matter came up before a bench of Justices P S Narasimha and Joymalya Bagchi. Senior advocate K K Venugopal represented the Kerala government, and the AG and Solicitor General Tushar Mehta represented the Centre before the bench.

Against the backdrop of the Tamil Nadu Governor judgment, the bench asked Venugopal as to what he proposes and whether he wanted to withdraw the plea since that judgment has already been delivered.

Venugopal, citing the April 8 verdict, said the Kerala government's plea is also covered by the apex court’s verdict and added, "your lordships will have to allow me in the terms of the judgment".

Mehta said he is examining the judgment and would want to assist the bench on it, and on some issues, it may require the court's examination. Mehta urged the bench to keep the matter for a week. Venugopal replied, "I am sorry! Solicitor General will have to say whether it is covered directly (by April 8 judgment in the Tamil Nadu case) or not”. Mehta said it is not covered. Venugopal said he can show the paragraphs in the judgment to establish that the Kerala government's plea is also covered by the April 8 judgment, and added, "what is the time limit for reference to the president….that is all and no other question arises".

The bench asked whether all the questions raised by the Kerala government have been covered in the judgment? At this juncture, the AG said, "The judgment does not cover certain issues of this case, on facts which are essentially different. We would like to show the differences…to make the position clear”. Venugopal said the AG has to say, what is the time limit in which the reference has to be made to the President?

The bench was informed that there were three writ petitions filed by Kerala, and only one was listed before the bench. The bench has scheduled the matter for further hearing on May 6.

The Kerala government moved the top court claiming inaction on the part of the Governor in connection with several bills passed by the state legislature and presented to the Governor for his assent under Article 200 of the Constitution.