FR THOMAS THYTHOTTAM Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) The Kerala Legislative Assembly passed the Kerala Scheduled Tribes (Restriction on Transfer of Alienated Lands) Act 1975, which received the assent of the President of India on 11.11.1975. After two decades the above Act was sought to be amended by the Legislature by passing the Kerala Scheduled Tribes (Restriction of Transfer of Land and Restoration of Alienated Lands) Amendment Bill, 1996 on 23.9.1996. The above Bill was sent by the Governor to the President for assent as contemplated in the Constitution of India. The President returned the Bill without any message or suggestion either to amend the Bill or to reconsider the same.

(2.) The learned counsel for the petitioner submits that the Bill should have been returned to the Legislative Assembly and not to the Executive. The learned counsel submits relying on the Press Reports that the Government is contemplating of bringing forth another legislation in the place of the one which was passed and was returned by the President. The learned counsel also argues that the action of the Executive in coming with another Bill is without jurisdiction. For that purpose, he relies on Art.200 and 201 of the Constitution which reads as follows:

(3.) Under Art.201 of the Constitution, the President shall either give assent to the Bill or withhold assent for the Bill. The President can also direct the Governor to return the Bill to the House, together with a message to reconsider the Bill as a whole or any specific provision in particular. When a Bill is returned in such circumstances, the Legislature shall reconsider it accordingly, within a period of six months.