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Kerala governor refuses to sign 11 ordinances citing democracy
People close to the governor said he was upset with the government for rushing many ordinances a day before he left for Delhi to attend a meeting on 75th year of Independence celebrations.
A fresh round of rift between the Kerala government and governor Arif Mohammad Khan surfaced after the latter refused to give his assent to 11 ordinances that lapsed on Monday without studying them in detail.
Talking to reporters in New Delhi, the governor said he was against the “ordinance raj” as it was against the very spirit of democracy. He said he will not give assent to re-promulgation of these ordinances without going through them in detail.
The Supreme Court had passed strictures against the practice of ordinances and promulgating them without ratification of the legislature, Khan said.
“Ruling through ordinance is against the spirit of democracy. I need time to go through them. During certain emergencies you can bring an ordinance, but it has to be ratified by the assembly. You cannot promulgate ordinances time and again and then what is the need of the legislative assembly,” he said.
People close to the governor said he was upset with the government for rushing many ordinances a day before he left for Delhi to attend a meeting on 75th year of Independence celebrations.
Khan clarified that it was not a fight between him and the government. “Give me enough time. Why should all these ordinances come in one day? To hurry it up? I am not going to hurry it up,” he added.
The ruling CPI(M) is yet to react over the latest development, while the Congress welcomed the governor’s decision.
The government had rushed chief secretary VP Joy to Delhi on Sunday to talk to the governor, but failed to placate him.
Most of the ordinances sent for approval, including one on curtailing powers of Lok Ayukta, were renewed last year and the governor was upset with the government for not bringing legislation.
Earlier, the state government and governor had a big fight over the appointment of vice-chancellors, but later chief minister Pinarayi Vijayan assured Khan that there would be no political interference in the administration of universities.
The ordinance to curb powers of the anti-corruption body was introduced in February.
A case is pending before the Lok Ayukta for allegedly misappropriating funds meant for natural disaster relief. The ordinance gives powers to either the governor or the chief minister to accept or reject observations made by the Lok Ayukta after giving an opportunity of hearing all concerned parties.
According to a recent study, Kerala promulgated a maximum of 144 ordinances in the country in 2021, followed by Andhra Pradesh with 20.
The study conducted by an independent research body, PRS Legislative, found that though the state assembly was convened for 61 days, 130 ordinances were issued within four weeks after the assembly session.
An ordinance is a law that is promulgated by the governor when the state assembly is not in session.
