The Land Bill Debate: Unraveling the Conflict Between Kerala Government and Governor Arif Mohammed Khan

What is the Bill about?

The Kerala Land Assignment (Amendment) Bill, 2023, envisages regularisation of all constructions on assigned (patta) lands in the state, especially in the high ranges of Idukki, built in contravention to the original purpose (agriculture or dwelling) for which it has been allocated . The Bill gives no objection to fresh constructions on such patta lands, which have been a source of litigation and encroachment for decades .

Why is the Governor delaying assent?

Governor Arif Mohammed Khan has not given his assent to the Bill, which was passed by the Assembly in September 2023, citing environmental concerns raised by green activists and legal experts . He has also sought clarifications from the government on certain aspects of the Bill, such as its impact on the forest cover, wildlife habitats and water resources of the region . The Governor has said that he is not against the Bill, but wants to ensure that it does not violate any constitutional or statutory provisions .

How is the government reacting?

The CPI (M)-led Kerala government and its allies have accused the Governor of acting unconstitutionally and succumbing to the pressure of the BJP, which opposes the Bill . They have also alleged that the Governor is trying to implement the Hindutva agenda in the state by creating hurdles for the LDF government . The government has argued that the Bill is a remedy for the land-related problems of the farmers in Idukki, who have been demanding regularisation of constructions for a long time . The government has also claimed that the Bill is in line with its election manifesto and has been passed unanimously by the Assembly .

What are the political implications?

The Bill has become a flashpoint between the government and the Governor, who have been at loggerheads over several issues in the past, such as the Citizenship Amendment Act, Sabarimala temple entry and anti-CAA protests . The Bill has also exposed the rifts among the opposition parties, such as the Congress and the BJP, who have different views on the issue . The CPI (M) sees the Bill as its trump card to win over the farmers in Idukki, who are seen as traditional backers of the Congress . The Congress, on the other hand, has accused the CPI (M) of aggravating the crisis by bringing in a flawed Bill that would benefit only a few encroachers and land mafia .

What are the possible outcomes?

The fate of the Bill depends on whether the Governor gives his assent or returns it to the Assembly for reconsideration. If he returns it, the Assembly can either accept his suggestions or pass it again with or without amendments. If he withholds his assent indefinitely, the government can approach the Supreme Court for a judicial review . Meanwhile, both sides are mobilising their supporters for protests and campaigns. The LDF has organised marches and hartals in Idukki and Thiruvananthapuram to pressure the Governor to sign the Bill . The Governor has also faced resistance from some sections of people during his visits to Idukki and other districts .