The Supreme Court will hear on July 22, the Reference made by President Draupadi Murmu under Article 143 of the Constitution on questions related to the grant of assent to state bills.
The matter will be heard by the Constitution Bench of Chief Justice of India BR Gavai, Justice Surya Kant, Justice Vikram Nath, Justice PS Narasimha and Justice AS Chandurkar on Tuesday.
President Murmu made the reference following the Apex Court verdict in the Tamil Nadu Governor’s case, which set time lines for the Governor and the President to grant assent to the bills as per Articles 200 and 201 of the Constitution respectively.
The Bench of Justice JB Pardiwala and Justice R Mahadevan held in the Tamil Nadu case that the Governor could not exercise a ‘pocket veto’ over the Bills passed by the Legislative Assembly, and fixed an upper limit of three months for the Governor’s decision.
It said if the Bill was reserved by the Governor for the President’s assent, the President must act within three months.
The Bench further held that if there was any breach of the timelines, the state government would be entitled to seek a writ of mandamus from the Court.
Vice President Jagdeep Dhankhar expressed his strong displeasure against the Apex Court verdict, asking whether the Court had the power to issue a direction to the President.
One of the questions raised in the President’s Reference was whether the Court could judicially prescribe a timeline for the exercise of constitutional powers by the President and the Governor.
It further asked about the constitutional options available before a Governor when a Bill was presented to him under Article 200 of the Constitution of India.
The President sought to know whether the Governor was bound by the aid and advice tendered by the Council of Ministers while exercising all the options available with him when a Bill was presented before him under Article 200 of the Constitution of India.
President Murmu further wanted to know whether the exercise of constitutional discretion by the Governor under Article 200 of the Constitution of India justiciable.
She sought answer to whether Article 361 of the Constitution was an absolute bar to the judicial review in relation to the actions of a Governor under Article 200 of the Constitution of India.
The President said in the absence of a constitutionally prescribed time limit, and the manner of exercise of powers by the Governor, could timelines be imposed and the manner of exercise be prescribed through judicial orders for the exercise of all powers under Article 200 of the Constitution by the Governor?
She sought to know whether the exercise of constitutional discretion by the President under Article 201 of the Constitution of India justiciable.
She asked whether timelines could be imposed and the manner of exercise be prescribed through judicial orders for the exercise of discretion by the President under Article 201 of the Constitution of India, in the absence of a constitutionally prescribed timeline and the manner of exercise of powers by the President.
In light of the constitutional scheme governing the powers of the President, she asked whether the President was required to seek advice of the Supreme Court by way of a reference under Article 143 of the Constitution and take the opinion of the Apex Court when the Governor reserved a Bill for the President’s assent or otherwise?
President Murmu further sought to know whether the decisions of the Governor and the President under Articles 200 and 201 of the Constitution justiciable at a stage anterior into the law coming into force? Was it permissible for the Courts to undertake judicial adjudication over the contents of a Bill, in any manner, before it became a law, she asked.
She also asked if the exercise of constitutional powers and the orders of/by the President/Governor be substituted in any manner under Article 142 of the Constitution of India, she asked.
Could a law made by the State legislature come in force without the assent of the Governor granted under Article 200 of the Constitution of India, she sought to know.
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