A Constitution Bench of the Supreme Court will hear on July 22 a Presidential reference on whether the Court can lay down timelines and procedures for the President and State Governors when considering Bills passed by State legislatures .The Supreme Court will take up the reference made by the President under Article 143 of the Constitution, following the apex court’s verdict fixing timelines for the President and Governors to act on Bills passed by state Assemblies
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 has been constituted to decide the reference made by President Droupadi Murmu under Article 143(1) of the Constitution, which allows the President to seek the Court’s opinion on questions of law or matters of public importance.
The Presidential reference challenges the top court’s top court's April ruling which prescribed timelines for the President and the Governor to decide on Bills and also held that the Governor’s inaction under Article 200 was subject to judicial review.
The reference was triggered by the Supreme Court’s judgment in a case filed by the State of Tamil Nadu, where the Court ruled that the absence of a time limit under Article 200 could not be interpreted to allow indefinite delay.The bench of Justices JB Pardiwala and R Mahadevan held that the Governor must act within a reasonable time and that constitutional silence could not be used to stall the democratic process.
The Court held that although Article 200 does not specify any time limit, it cannot be interpreted to allow indefinite delay by the Governor in acting on Bills passed by the State legislature.
“Though no timeline is prescribed under Article 200, the same cannot be construed as conferring untrammeled discretion on the Governor to withhold action on Bills presented by the State legislature,” the bench said while laying down timelines for the Governor to act.
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