A three-page article in the inaugural issue of the Raj Bhavan quarterly ‘Rajahams’ was in focus on Sunday after Chief Minister Pinarayi Vijayan remarked that the State government does not necessarily share the opinions expressed in it.
‘Article 200 and a Constitutional Conundrum,’ attributed to Sreekumar, Legal Adviser to the Governor, dealt with the April 8 Supreme Court judgment with respect to the Tamil Nadu Governor’s reservation of Bills for the President’s assent.
Two classes of legislation
It observes that “Through the judgment, the judiciary steps into the realms of law-making and even adding something to the Constitutional provisions.” It goes on to add that “In the prima facie view, there could be two classes of legislations; one assented (to) by the Governor and the other, declared as law by the Court, which is not contemplated in the scheme of our Constitution.”
The article further notes that the public perception that there is logjam or that the Governor is acting as a stumbling block in the enactment of Bills are “based on political inclination or that even may be the result of the failure in the Constitutional provisions to deal with such a situation (sic).”
The Kerala government too has been involved in a stand-off with Governor Rajendra Vishwanath Arlekar over delays in giving assent to Bills passed by the State Assembly. A number of Bills passed months ago were recently referred to the President by the Governor.
“If asked whether the opinions expressed by the author with respect to Article 200 of the Constitution, the powers of the Governor and the powers of the legislature are also the opinions of the government, the answer is ‘no’,” Mr. Vijayan had said when releasing the quarterly journal.
In his speech, the Chief Minister went on to add that the view expressed in the article may be the author’s personal opinions. Merely because they are views presented in the Raj Bhavan’s official journal, people should not be under the impression that the government shares them as well, Mr. Vijayan said.
Published – September 28, 2025 08:35 pm IST
