SC Hearing On Presidential Reference: Centre Cautions Of ‘Functional Disharmony’ If Deadlines Imposed On President, Governors

Supreme Court

Deadlines on the President or Governors to decide on Bills could upset the delicate balance of power among the legislature, executive, and judiciary, said Solicitor General Tushar Mehta on Tuesday during Presidental Reference hearing in the Supreme Court.

The five judge constitution bench comprising of Chief Justice of India BR Gavai, Justice Surya Kant, Justice Vikram Nath, Justice PS Narasimha and Justice AS Chandurkar was hearing Presidential Reference by President Droupadi Murmu on 14 questions on the power to assent on Bills, including whether Court can fix timelines for the President/Governor to decide on Bills.

The top court made clear it was only exercising its advisory jurisdiction under Article 143 and not sitting in appeal over the Tamil Nadu Governor judgment that laid down such deadlines.
Mehta, appearing for the Centre cautioned the Court against prescribing rigid timelines.

He said: ‘One organ’s inaction or failure cannot authorize another to assume powers not vested in it by the Constitution.’

CJI asked whether the Centre was accusing the Court of encroaching into the legislative domain, to which Attorney General R Venkataramani responded by questioning whether the judiciary could go as far as to ‘rewrite the Constitution.’

Justice Surya Kant observed, ‘We will only be expressing a view on law, not on the decision in the Tamil Nadu case.’

The judges further questioned Tamil Nadu and Kerala’s opposition, asking, ‘What is wrong if the Hon’ble President herself is seeking advice from this Court?’

The hearing will continue on Wednesday.