Kerala Governor Arif Muhammad Khan (file photo)
Kerala Governor Arif Muhammad Khan (file photo)

Kerala: Standoff between Governor, CM over Farm Laws after permission for special Assembly Session denied

ANI | Updated: Dec 22, 2020 23:52 IST

Thiruvananthapuram (Kerala) [India], December 22 (ANI): Triggering a new standoff between the centre and state government regarding Farm Laws, Kerala Governor Arif Muhammad has denied recommendation forwarded to him by State Cabinet to convene a special assembly session on Wednesday.
The Governor refused to give assent to the special assembly session supposed to be held on Wednesday to discuss and reject the three farm laws passed by Centre. A resolution was expected against the farm laws, and Governor denied it against the normal decorum of giving assent.
After a clarification was sought and denial of permission was conveyed to state government, Kerala Chief Minister sent a letter to Governor's office stating that Governor has no power to reject the recommendation of the government having clear majority in the assembly.
"Governor's action is against the constitution. He does not have discretionary power in calling legislature. He has no power to reject the recommendation of the government having clear majority in the assembly," he said.
Further, he stated, "The argument that there is no undeclared emergency is wrong. The agitation by the farmers in different parts of the country for the last few days proves so. Kerala, which is dependent on other states for food, is deeply concerned about the problems faced by the farming community and the agricultural sector", the letter mentioned.

"The action of the governor is contrary to Article 174 (1) of the Constitution. The governor has no discretion to convene or adjourn the meeting", the letter added.
"The President and the Governor are acting on the advice of the Cabinet. In a similar case in the past, that is the case between the state of Punjab and Shamsir Singh (1975), the Supreme Court had made its stand clear", the letter stated.
The letter added, "The Sarkaria Commission on Central-State Relations has underlined that the Governor is obliged to comply with the recommendations of the state government to convene or to adjourn the Assembly with a majority in the Assembly. The governor has no power when to reject a cabinet recommendation or when to convene an assembly. The rules are the same for everyone."
Meanwhile, members of Youth Congress held a protest march at the Kerala Raj Bhawan against the governor's move on Tuesday.
Hundreds of farmers are protesting at the borders of Delhi since November 26 against the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020; and the Essential Commodities (Amendment) Act, 2020.
Several protesting leaders have threatened to step up their agitation. The talks between the protestors and the Centre fail to produce any decisive result. (ANI)