Federal Executive Remarks on State Leaders' Timelines: Real-Time Updates from the Supreme Court - Day Six
Supreme Court Hears Presidential Reference Case on Governor's Powers
The Supreme Court of India is currently hearing a Presidential reference case, which concerns the powers of the Governor as per the Constitution, and the timelines and procedures for the President and State Governors when considering Bills passed by State legislatures.
The case was initiated by President Droupadi Murmu, who challenged the top court's April 8 ruling that prescribed timelines for the President and the Governor to decide on Bills. The President's reference raises constitutional concerns about the Court's interpretation of Articles 200 and 201.
The Central government has supported the reference, arguing that the power of Governors and the President to act on Bills is a "high prerogative" function which cannot be bound by judicial timelines. This position has been echoed by the Maharashtra government, who made a submission on August 26 that the Governor can deny assent even to money bills.
However, the Kerala and Tamil Nadu governments have opposed the reference, stating that it is not maintainable. The State of Tamil Nadu argued during the last hearing on August 28 that accepting Governors can withhold assent even to money bills passed by a State legislature would effectively make them a "super Chief Minister" of a State.
The Supreme Court is hearing the case before a Constitution Bench comprising Chief Justice of India (CJI) BR Gavai, Justice Surya Kant, Justice Vikram Nath, Justice PS Narasimha, and Justice Atul S Chandurkar. The Court has emphasised that its decision in this case will not depend on the political party in power.
The reference argues that the Court is not empowered to prescribe deadlines, and that the notion of "deemed assent" in the event of delay is not contemplated by the Constitution. The search results do not contain information about the person or institution that supported the presidential reference concerning timelines and procedures for presidents and governors regarding the review of laws passed by state legislatures.
Today's hearing live updates can be found here. Subscribing gains access to this premium article. For more updates on this case and other legal matters, stay tuned to our channel.
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