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New Delhi: The LDF government has approached the Supreme Court seeking the dismissal of a presidential reference arguing that it “suppresses crucial facts” and hence is “not maintainable”.
The reference pertains to the issue of timelines for Governors and the President to act on bills passed by state legislatures. However, Kerala argues that the April 8 verdict in State of Tamil Nadu v. The Governor of Tamil Nadu—where the Supreme Court ruled that governors must decide on bills within three months—directly covers most of the queries.
The state alleges that the Presidential reference deliberately omits this judgment, effectively seeking an indirect overruling of the Court’s own decision, which it cannot do under Article 143.
In a 13-page application filed before the apex court, the state government contends that the reference—moved by President Droupadi Murmu on May 13—fails to disclose a key Supreme Court judgment that already addresses 11 of the 14 questions raised.
"A reference under Article 143 cannot be used to overrule findings of law and fact in earlier judgments," the Kerala government stated. It further pointed out that the Union government has not filed any review or curative petition against the April 8 ruling, making it binding under Article 141. "The President and the council of ministers must act in aid of the Supreme Court under Article 144," the plea added.
The state also accused the reference of misinterpreting Article 200 by falsely claiming that no timeline exists for governors to act on Bills.
