Lagatar24 Desk
New Delhi: The Supreme Court on Tuesday began hearing a presidential reference on whether it can set timelines for the President and Governors to act on state bills. During the session, Chief Justice BR Gavai asked the Kerala government pointedly, “Are you really serious?”, after former Attorney General KK Venugopal argued that such a reference was not maintainable.
The Core Issue
The matter stems from the court’s April 12 order in a case linked to Tamil Nadu’s DMK and Governor RN Ravi. The order directed that constitutional heads must act within specific timelines on bills sent for assent. It prescribed that the President must decide on a bill within three months of receiving it from the Governor. This marked an attempt by the judiciary to regulate long delays in state legislation processes.
Kerala’s Stand and Court’s Response
Appearing for Kerala, KK Venugopal cited past verdicts to contend that the reference should not stand. The Chief Justice countered sharply, noting those earlier judgments were by smaller benches, while this was a five-judge Constitution Bench dealing directly with questions raised by the President. “When the President is asking, what is wrong with that?” Justice Gavai remarked.
The President’s Questions
Following the April ruling, President Droupadi Murmu referred 14 questions to the court under Article 143 of the Constitution. These sought clarity on the powers of the President and Governors under Articles 200 and 201 in dealing with state bills. The queries specifically questioned whether the Supreme Court could constitutionally fix timelines for executive action on legislation.
Bench and Timeline for Proceedings
The five-judge bench, led by Chief Justice Gavai and including Justices Surya Kant, Vikram Nath, PS Narasimha, and Atul S Chandurkar, scheduled the matter in July. Both the Centre and states were asked to file their written submissions by August 12. The eventual ruling could have a lasting impact on the balance between state legislatures, Governors, and the Union executive in India’s federal framework.
