Speaker Shamseer laments Governor Arlekar's non-assent to Bills passed by Assembly

Speaker A N Shamseer on Wednesday expressed dismay at Governor Rajendra Arlekar's decision to withhold assent to 14 bills passed by the 15th Kerala Assembly. Of the 158 bills passed during the term of the second Pinarayi Ministry, from 2021 to 2025, 14 are still pending with the Governor.

"The Governor should have given his assent to these bills," Speaker A N Shamseer told reporters at the Legislative Assembly Complex while announcing the schedule of the last Assembly session, which is scheduled to begin on January 20. "We all know why these bills are pending," he said, suggesting that political and administrative differences have caused the legislative deadlock.

"You could ask the Governor why he is not giving his assent," the Speaker told reporters. "Next time you see him, ask him why. Ask him why he is not considering the collective will of 3.5 crore Malayalis," the Speaker said.

Control of universities
Five of the bills now pending with the Governor are related to amendments to university laws. Four of them are titled The University Laws (Amendment) Bill, 2025, but with different serial numbers: No. 1, No. 2, No. 3 and No. 4. The fifth is the Kerala University of Digital Sciences, Innovation and Technology (Amendment) Bill, 2025.

These five bills were piloted mainly to tip the balance of power in all the universities in Kerala in favour of the state government. In short, to clip the wings of the Governor/Chancellor of his powers.

These laws, among other things, seek to stuff the search-cum-selection committees for vice chancellors with more State Government nominees, to increase the powers of the pro-chancellor (the higher education minister), and to compel vice chancellors to convene syndicate meetings at least once every two months (Left-led university syndicates have repeatedly complained that VCs nominated by the Governor were reluctant to convene Syndicate meetings).  

Vigilance scare for local bodies
Kerala Panchayati Raj (Amendment) Bill, 2025 and Kerala Municipality (Amendment) Bill, 2025, have also been withheld. These Bills have sparked concerns that the powers of elected local body representatives will be curtailed.

The Bills call for the creation of an Internal Vigilance and Monitoring System for panchayats and municipalities. The Internal Vigilance wing is designed to function as an oversight mechanism that will keep tabs on the performance of local bodies.

Cruelty vs welfare
The Governor has withheld his assent to the Kerala Forest (Amendment) Bill, 2025, the Wildlife Protection (Amendment) Bill, 2025, and the Prevention of Cruelty to Animals (Amendment) Bill, 2025, reportedly for deviating from the modern principles that inform environment and animal protection laws in the country.

The Wildlife Protection (Amendment) Bill empowers the Chief Wildlife Warden of Kerala to order the shooting or tranquilisation of wild animals that attack humans or stray into human settlements and public spaces. This was a political move by the Pinarayi government to calm tempers in the high ranges and forest fringes where human-wildlife conflict was intense.

The amendment, which modifies provisions of the Central Wildlife Protection Act of 1972, would anyway require the assent of the President of India before it becomes law.

The Forest (Amendment) Bill, which is yet another move to pamper settler farmers, allows farmers to cut down sandalwood trees on their private properties, provided they obtain prior consent from the Forest Department. Once felled, the department will sell the trees, and the proceeds from the sale will be handed over to the landowners.

The Prevention of Cruelty to Animals (Amendment) Bill is an amendment to the original central Act of 1960 and, in the name of tradition and culture, lifts the ban on various kinds of cattle races like 'Maramadi', 'Kaalapoottu', 'Kannupoottu', and 'Pothottam', which the clauses of the central Act interpret as animal cruelty. 

Language trouble
The Malayalam Language Bill, 2025, is another Bill the Governor has turned his back on. It is feared that the Bill would impose Malayalam on linguistic minorities whose first language is Tamil or Kannada. However, section 7 of the Bill exempts linguistic minorities from the purview of the Bill.

"The Tamil and Kannada linguistic minorities in the State may use their languages for their correspondence with the State Government Secretariat, Heads of Department and all local offices of the State Government situated in those areas declared by the Government to be linguistic minority areas," it says. It is also stipulated that children from linguistic minority families can study in their chosen language.

Regularisation of excess land
The Kerala Excess Land in Private Holding (Regularisation) Bill, 2025, another Bill withheld by the Governor, allows the government to grant ownership to "undisputed excess land" in possession of individuals after the digital survey process.

The Kerala Motor Transport Workers' Welfare Fund (Amendment) Bill, 2022, is the oldest of the 14 bills on which the Governor has sat indefinitely. The Bill seeks to merge the Kerala Autorickshaw Workers' Welfare Fund Scheme, 1991, and the Kerala Automobile Workshop Workers' Welfare Fund Scheme, 2004, with the Kerala Motor Transport Workers' Welfare Fund Scheme, 1985.

Governors' day out
After the Supreme Court's opinion on the 'Presidential Reference' on the Governor's powers under Article 200, it has become legally convenient for governors to indefinitely withhold assent to a bill passed by the Legislature.

In November, the Supreme Court said that it could not set a deadline for the Governor to give assent to a Bill. Additionally, the apex court also reinterpreted what was till then thought as an established fact of law.

The accepted legal wisdom was that once the Legislature resends a Bill after the Governor had returned it with recommendations, the Governor had no choice but to give his assent. In November, the Supreme Court said that the Governor had an extra option other than grant assent when a Bill returns to the Raj Bhavan a second time. The Governor will also have the power to reserve the Bill for the President's consideration.