New Delhi: A day after Kerala Governor Arif Mohammad Khan turned down the state government's request to convene a special session of the Assembly to pass a resolution against the new farm laws, constitutional experts on Wednesday dubbed the move to be "constitutionally wrong."
Speaking to ETV Bharat, PDT Achary, former Lok Sabha Secretary-General said, "It is constitutionally wrong. Governor cannot dismiss the matter of convening the Assembly. For convening the Assembly, he has to act upon the recommendation of the council of ministers that is, elected government. It is their right to fix the dates of the Assembly session and when they recommend a particular date the Governor has to accept that and he has to convene the Assembly."
Achary said that several Supreme Court judgments had reinforced the constitutional provision. There is no doubt that the Governor has to act in this matter on the recommendation of the council of ministers
Kerala Chief Minister Pinarayi Vijayan in a letter to the Governor had said that the decision not to allow the special Assembly session was "regrettable."
On December 21, the Cabinet had recommended the Governor to summon a meeting of the Assembly on December 3 but the Governor turned down the recommendation after raising queries regarding the purpose of summoning the Legislature.
The former Lok Sabha Secretary-General said, "I do not remember any occasion when the Governor refused to convene the Assembly recommended by the Council of Ministers."
In Rajasthan, the governor had suggested another date instead of the date suggested by the government for the Assembly session. There is no other case in my memory when the Governor refused to convene the assembly, he added.
Meanwhile, farmers from different parts of the country continue to hold protests in the national capital demanding repealing of three farm laws -- Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020; Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; and the Essential Commodities (Amendment) Act 2020.
Also read: Explained: How new farm bills will increase India’s agrarian distress
