The Supreme Court’s recent ruling on the Tamil Nadu governor, setting a timeline for governors to deal with bills cleared by the legislature is “overreach” Kerala governor Rajendra Vishwanath Arlekar said, adding that it is up to Parliament to decide such things.
In a rare interview, Arlekar also spoke about his own relationship with the Kerala government. Edited excerpts:
How do you view the recent Supreme Court verdict terming Tamil Nadu governor RN Ravi’s conduct in dealing with bills, ‘illegal’ and ‘arbitrary’? The top court has set a timeline for governors to take action on bills.
The matter before the Supreme Court in the case of Kerala is not of that sort (as Tamil Nadu). It is a different matter. The court has said the governor cannot keep bills pending . That observation is understandable. But the court saying, or for that matter any other person saying that the governor should do it within a certain time-period is not something implied in the Constitution.
What I felt is that the bench which heard the matter should have referred the matter to a Constitution bench. But the court said whatever it wanted to say. The matter which they were discussing was a constitutional matter. The Constitution has not put any time-limit for the governor to give assent to the bill. But if the Supreme Court today says there has to be a time-limit, be it one or three months, it becomes a Constitutional amendment. If the constitutional amendment is being done by the court, why are legislature and Parliament needed?
It is the right of the Parliament to make amendments. You need to have a two-third majority in favour of the amendment. And two judges sitting there, they decide the fate of the constitutional provision? I don’t understand this. This is overreach by the judiciary. They should not have done this. I may be wrong.
States such as Tamil Nadu have argued that the governor becomes a political roadblock. That important legislations get stuck. Kerala has also argued that several of its bills were kept pending for almost 23 months by the previous governor…
I can understand the Supreme Court making a suggestion that there has to be a certain time-frame, but it should be decided by Parliament.The governor of Tamil Nadu must be having some issues (with the bills); let them address that. We have seen many judicial cases in different courts pending for years together.High courts and the Supreme Court keep matters pending. There must be some reasons. If SC judges have some reasons, governor also may have some reasons. That has to be accepted. If at all, people of this country feel there should be a time-limit, let the people do it through Parliament.
Do you foresee the ruling having an impact on Kerala too since the state has gone to the top court against several bills being kept on hold and even against the President for not giving assent to certain bills? Are there bills pending in your purview?
Not at all. There are no bills pending. Whichever bills were sent to the Raj Bhavan here, I have already addressed. Some bills were sent for Presidential assent. And the President according to the provisions of the Constitution has withheld assent. The issue ends there. As of today, there are no bills pending before the Raj Bhavan.
Your predecessor, governor Arif Mohammed Khan had a testy relationship with the State and particularly chief minister Pinarayi Vijayan. In contrast, you seem to have a comfortable relationship with the CM…
I have a cordial relationship with the CM. So far, conflicting matters have not come between us. We discussed issues and we sorted them out. My contention has always been that there is always solution to the issues before us. The only need is to sit across the table. If we sit and discuss, many issues can be cleared. But what Arif ji also did was correct at that time. There is a saying in Hindi, ‘Taali ek haath se nahi bajai ja sakti’ (you cannot clap with one hand). So, that was the situation at that time. Arif ji did whatever was possible and needed at that time.
You took charge as governor of Kerala in January this year. How would you describe your stint so far?
It has been a good learning process for me. I am here to understand and learn how the people are, how the administration is, how the government is, how the political parties function.
Before being appointed to the gubernatorial post in Kerala, did you have any pre-conceived notions about the state ?
I was (the governor) in Bihar when I was told to go to Kerala. It was the last week of December, 2024. I received a call from PM Narendra Modi ji. He said, ‘Aapko Kerala mein jaana hai’. I said, ‘As your government wishes, I will go then’. I had no hint about being appointed in Kerala. I was happy because I had never been to Kerala and I wanted to learn many things from the state. I have been to the state on a personal visit once. I visited the birthplace of Adi Sankaracharya in Kalady. And once when I was the president of BJP Goa unit, there was a national executive meeting of the party here. I came that time for around 2-3 days. But I have never worked as a BJP karyakarta in Kerala. My work was restricted to Goa.
The outgoing governor from the state Arif Mohammed Khan was sent to Bihar. Did you get a chance to exchange information and share tips about the two states?
Definitely, we are good friends. He is very senior to me in politics. Fortunately for me, before I left Patna, he was already there for two days. I had a good interaction with him, about understanding Kerala, its politics, the issues, the people’s behaviour, culture etc. His tips were very useful for me. There was nothing negative. His observations are very valuable.
At this year’s Republic Day speech, you said CM Vijayan has a vision for the state…
I have had very long discussions with CM on more than two-three occasions. Once, we travelled together to Delhi. I feel he has some vision for the state. Anyone at the helm of affairs in a state will have a vision. He will not sit idle. There’s nothing wrong in recognising the vision the CM has. We have to look into how they will be implemented and put into action. That remains to be judged.
You hosted a dinner for MPs from the state in Delhi. What spurred you to do it?
I wanted to have an interaction with the MPs. They are representatives of people. People have put faith in the MPs. They have a responsibility of working for their respective constituencies and the state in general. I just wanted to see what they are thinking about the state, the people etc. I told them in the meeting that I am not here to dictate you. I am here to help you. The problems and issues of our state are issues for me also. Let us come together and whenever there is a need to talk to the Union government, both of us will go together.
The following day, you were present at an informal breakfast meeting between the CM and Union finance minister Nirmala Sitharaman . Was that part of the agenda to be a bridge between the state and the Union?
It was not an agenda. Nirmala ji was invited by the CM to Kerala House for breakfast. The CM asked me whether I would join . I said yes. We had a good breakfast meeting. We discussed some issues pertaining to the state. I feel such informal meetings are needed from both sides.
As the Chancellor of state universities, how do you see campus politics in Kerala? Governor Khan had regular run-ins with student outfits, particularly SFI. Ragging cases are also being reported regularly with one student in Wayanad even dying after brutal ragging.
My basic question is why there should be politics on campuses. It is not a battleground for politics. You have come there to study. Whatever may be your ideology, you have come there to learn. Why do any politics there? No reason at all.
But student outfits are needed to fight for rights of students in colleges and universities.
You fight for student rights, but why politics? The basic problem here is many of the student unions are affiliated to political parties. We don’t have non-political student unions. And all the student organisations take pride in getting connected to political parties. How can you expect anything better? This has to be stopped.
Kerala is one of the states that has opposed the UGC draft regulations on appointments in universities, arguing that the Union government will usurp the State’s powers in appointing VCs and assistant professors. The state is also planning to move legally against it. As the Chancellor, what’s your stand on the UGC draft?
The state government and the political parties are free to state their views about the UGC draft regulations. This is a democracy. Everyone has the right to speak, for or against. It is their thinking that the UGC regulations are against the autonomy of the State. But the UGC regulations are in a draft form right now. It is good that UGC has already circulated the regulations . It is a welcome position that everyone is saying something.
Do you agree with the state’s position on the UGC regulations?
That’s a different matter. No one has asked my opinion. Let’s see what the UGC does.
Another point of tussle has been the Waqf Amendment law which the CPM-led state government has firmly opposed. The law is a big talking-point in Kerala because of the issue in Munambam where around 600 families, mostly Christian fisherfolk, are fighting for revenue rights over the land claimed to be Waqf. Can the matter in Munambam be solved through the new law?
I think the issue in Munambam should get resolved in the light of the amendments passed as part of the Act. All the concerned parties should take note of it and as early as possible give justice to the people. Every political party has gone there and indicated their support. It is to be seen how the state and the political parties are giving justice to them. They have a good weapon in the form of the Waqf amendment Act.