The Supreme Court will examine on July 22 whether it can set deadlines for Governors and the President to act on state bills, raising key constitutional and federalism questions.
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NEW DELHI: A five-judge Constitution Bench of the Supreme Court, led by Chief Justice of India B.R. Gavai, will take up an important Presidential Reference for hearing on 22nd July. The main question before the Bench is whether the Supreme Court has the authority to fix specific timelines and lay down procedures for Governors and the President while dealing with State Bills that are sent to them for assent.
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A five-judge Constitution Bench of the Supreme Court will, on July 22, hear a Presidential reference under Article 143(1), questioning whether the judiciary can impose timelines on the President and Governors when dealing with State legislature bills.
The reference follows the Supreme Court’s April 8 ruling in a case brought by Tamil Nadu, which held that Governors must act within a reasonable time under Article 200, and that delays in assent are subject to judicial review. The Court had also ruled that the President must decide on reserved bills within three months.
In response, President Droupadi Murmu referred 14 legal questions to the Apex Court, highlighting that Articles 200 and 201 do not prescribe any specific timelines for action by the Governor or President. The President also questioned the Court’s use of Article 142 to deem a bill as passed, calling it alien to the constitutional scheme.
The Constitution Bench, led by CJI BR Gavai, will examine whether such judicial directions can override constitutional silence and discretionary powers granted to the President and Governors.
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