Day 6 Presidential Reference Hearing: SC Says Case To Be Decided On Constitutional Principles, Not Politics

The Supreme Court has observed that its decision on the Presidential Reference concerning the powers of Governors over bills passed by State legislatures would be guided solely by constitutional principles and not influenced by any political considerations.

Chief Justice of India BR Gavai said: ‘We are not going to decide the matter on the basis of which political dispensation is in power or was in power.’

The Bench made oral remarks questioning whether a straitjacket formula could be laid down for decision-making by the Governors and the President.

The bench expressed doubt about the Court’s authority to enforce such timelines.

The CJI asked: ‘What happens if the deadline is not complied with?’

The bench noted that the court is also exploring whether the phrase ‘as soon as possible,’ currently guiding the process, is adequate.

He said: ‘Prima facie, we feel ‘as soon as possible’ is the best option, but was it not good enough? We are examining that too.’

The Bench said that while delays are a concern, judicially prescribing timelines may not align with constitutional limits.

The sixth day of hearings saw continued arguments from those opposing the reference. Appearing for Tamil Nadu, Senior Advocate Abhishek Manu Singhvi criticised the idea of indefinite withholding of assent without returning the Bill.

He said that the Solicitor General Tushar Mehta creates an artificial break, keeping the Bill locked in a cupboard.

Senior Advocate Kapil Sibal, representing the State of West Bengal, joined the argument, asserting that the concept of ‘discretion’ is alien to the constitutional scheme.

The hearing will continue on Wednesday with further submissions from Sibal.

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