It looks like the Kerala Government has decided to take Governor Arif Mohammed Khan head-on. A day after the Governor refused permission for a special Assembly session to discuss three central farm laws, the Cabinet that met today decided to once again send a recommendation to the Governor to convene the Assembly session on December 31.
But instead of a 'special session' called in a moment of urgency, the Cabinet has framed the new recommendation in such a way that it will look like a normal session. "We have recommended the governor to convene the 21st session of the 14th Kerala Assembly on December 31, 2020," Chief Minister Pinarayi Vijayan said. The recommendation to convene the Budget Session, which will be the 22nd session of the 14th Kerala Assembly, will be sent later.
This time, sources said, the Governor will have no choice but to accede to the request. Chief Minister Pinarayi Vijayan also, during a media interaction today, said granting an elected government's request was the only option before the Governor. "To apply discretion on a government's recommendation goes against the conventions of a Parliamentary system," the Chief Minister said.
The Chief Minister also responded to the Governor's view that there was nothing urgent in the farmers' protest for Kerala Assembly to convene. "We are considerably dependent on other states for our food grains. The reason why the problem faced by farmers in other parts is a matter of great concern for us. Since it is a matter of common interest it is only appropriate that we discuss the issue and mobilise opinions and solutions," he said.
Last time, the Governor wanted the government to clarify the emergency that necessitated the convening of a special session. The government said it was to discuss the farm bills. The Governor sought more clarity. The government replied it was to discuss the central farm laws. The Governor said this did not merit an emergency session. He said the protests were going on in Punjab, Haryana and some parts of Uttar Pradesh and said the protest in Delhi was over a month old.
Though initially there were indications that Chief Minister Pinarayi Vijayan would meet the Governor to sort out the issue, the plan was dropped. Instead, the Chief Minister shot off a missive to the Governor saying the Governor's action "ran counter to the Constitutional Scheme".
The Governor, on his part, said the government had not kept him fully informed. He said he had approved the December 17 cabinet decision to convene the Assembly Budget Session from January 8 on December 21. But later in the day, the Governor said he had received another recommendation for an emergency session.
Khan said he wondered if something unforeseen or unexpected had happened between December 17 and December 21.
"I did not refuse to accede to your request. I merely raised some questions and hoped that you would respond with full information to satisfy me that some unforeseen things have happened and show what you propose to do to deal with this unexpected situation," he said. "But instead of replying to my questions, you have chosen to bring in extraneous issues which I had not raised at any stage," he added.
While the Chief Minister hinted that the Governor was overstepping his gubernatorial limits, Khan replied that the Chief Minister had failed in his Constitutional duty of keeping the Governor informed.
"You will agree that as Chief Minister it is your constitutional duty to keep the Governor fully informed about the decisions of the government and it is my right to be consulted and to counsel the government. But somehow you give information when I raise questions, otherwise, you take shelter behind vague terms, like in the current case, "to discuss some serious issues", he said.