THIRUVANANTHAPURAM: Governor
P Sathasivam withheld his assent for the
Kerala Professional Colleges (Regularization of Admissions in Medical Colleges) Bill (2018), despite a strong note by law secretary
BG Harindranath on why the bill could be accepted.
The law secretary’s note, accessed by TOI, said that the bill that was passed by the legislature on Wednesday to legalize the admission of 180 students to Kannur and Karuna medical colleges, is fully constitutional and under no circumstance would the bill, if given assent by the governor, invite contempt of court.
“Under article 361 (2) of the Constitution, no criminal proceedings shall be instituted or continued against the governor of a state, in any court during his term of office. Article 361 says that the governor shall not be answerable to any court for the exercise and performance of powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties,” he wrote in his note to the governor.
He further said that there has been no instance of contempt of court proceedings against the head of a state for giving assent to a bill or withholding assent thereto. The law secretary strongly disagreed with additional chief secretary (health) Rajeev Sadanandan’s opinion that if given assent, it would invite the contempt of court.
“It is too naïve for an experienced bureaucrat to make a report to the governor on the basis of media reports. Under rule 57 (i) (a) of the rules of business of the government of Kerala, secretary to the administrative department must examine the bill and make a report if the governor’s assent should not be given. There are no reasons in the report. Over and above, the secretary has said that an assent to the bill may invite contempt of court,” he wrote.
The law secretary further said that none of the provisions of the bill are inconsistent with provisions of Constitution, particularly those related to fundamental rights. He said that the bill does not require the assent of the President and the governor is competent to give his assent. He also cited that the only instance when President had used his veto power, on a bill passed by the Parliament, was in the case of PEPSU appropriation bill (in 1954, by former president
Rajendra Prasad). “The power of the governor to consider the constitutionality of the bill or otherwise is a plenary power,” he said.
Though the governor did not go into the merits of the bill when the law secretary handed over the bill on Saturday, it is reliably learnt from
Raj Bhavan sources that the governor strongly expressed his displeasure over the way in which government handled the matter. The government had said that the bill has been sent to the governor on Friday itself and also that the ordinance was given clearance by the governor because it was legally foolproof.
