Governor's decision not to approve special session regrettable: CM
Thiruvananthapuram: Kerala Chief Minister Pinarayi Vijayan on Tuesday described as regrettable the action of Governor Arif Mohammed Khan, not to accord sanction to convene the special session of the assembly on December 23 to discuss and pass a resolution against the three contentious farm laws passed by the Centre recently.
In a letter to Khan, Vijayan said the power to summon a session of the legislative assembly clearly falls outside the discretionary power of the governor and moving resolutions and conducting discussions in a Legislative Assembly "cannot be regulated by gubernatorial powers".
"It is regrettable that a recommendation coming from an elected Government, enjoying clear majority in the Legislative Assembly, for discussing an emergent issue of national importance, has not been acceded to by the Hon'ble Governor, especially when the power to summon a session of the Legislative Assembly clearly falls outside the discretionary power of the governor," Vijayan said in the letter.
Earlier in the day, Khan turned down the CPI(M)-led government's plea to convene a special session of the state assembly on Wednesday to discuss and pass a resolution against the three contentious agricultural laws.
Vijayan said the Governor is bound by the advice of the Council of Ministers in a circumstance, "where the Council of Ministers enjoying the confidence of the Legislature makes a recommendation" to the Governor to summon a meeting of the State Assembly.
"The scope of discussions on the floor of the Legislative Assembly is regulated by the Speaker. The rules for the same are made by the Legislature of a State through the powers conferred under Article 208 of the Constitution.
Moving resolutions and conducting discussions in a Legislative Assembly cannot be regulated by gubernatorial powers," Vijayan said.
The state cabinet had met on December 21 and made a recommendation to the Governor to summon a meeting of the Legislature on December 23.
Governor Khan raised queries as to the purpose of convening the Legislature and the state government had provided "prompt reply", Vijayan said. Vijayan said the state government proposed to summon the Legislative Assembly to discuss an emergent issue of public interest concerning the State.
"Here, discretionary power cannot be exercised by the Governor. The checks and balances determine the powers and duties of the constitutional authorities.
Abiding by them is the essential prerequisite for a smooth functioning of the constitutional Governance system," Vijayan said.
The Opposition Congress also had earlier lashed out at the decision of the Governor and said it was "politically motivated".
Describing the decision as unfortunate, Leader of Opposition in the state assembly, Ramesh Chennithala said the voice of Kerala against the contentious farm laws should be raised in the assembly.
"..the decision of the governor, citing technical reasons that there was no urgency for convening the session, is against democratic values," the congress leader said in a statement.
Meanwhile, Union Minister of State for External Affairs V Muraleedharan welcomed the Governor’s decision not to grant permission to convene the special session of the assembly to discuss and pass a resolution against the three farm laws passed by the Centre.
The Governor’s stand is that no special session need to be convened when the budget session will start on January 8. The ruling party is aiming at violation of federal policies by conducting a special session, Muraleedharan added.
The opposition also support this move by the government. The Congress leadership should make it clear if they are part of the opposition or government. The government and opposition are trying to make the assembly a platform for their political games, he alleged.