Presidential Reference On Timelines For Bills' Assent : Live Updates From Supreme Court
A 5-judge Constitution Bench of the SupremeCourt will hear today the 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 Presidential Reference, made under Article 143, came a month after Supreme Court's judgment in Tamil Nadu Governor's matter, wherein...
A 5-judge Constitution Bench of the SupremeCourt will hear today the 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 Presidential Reference, made under Article 143, came a month after Supreme Court's judgment in Tamil Nadu Governor's matter, wherein the Court held that the Governor did not act bona fide in reserving Bills to President. It held those bills as deemed assented. In the judgment passed by Justices JB Pardiwala and R Mahadevan, the Court held that the President must act on the Bills reserved for her under Article 201 within 3 months:
The reference will be heard by a bench comprising Chief Justice of India BR Gavai, Justice Surya Kant, Justice Vikram Nath, Justice PS Narasimha and Justice AS Chandurkar.
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Hearing concludes for today.
J Narasimha: When President is concerned, only time when it was pending for longer was Postal Bills
SG says in the debate, Kamath referred to the President as 'nominal head'. But he is an elected person by way of indirect elections.
SG: reads the constituent assembly debate on this Article: https://www.constitutionofindia.net/debates/30-dec-1948/#94412
SG: BN Rau prepared Article 61- exercise of discretion by Governor General is now not there with the President. He is bound by aid and advise of the Council of Ministers.
SG: Union and Provincial Committee constituted.
SG: This is accepted, mylords are right.
Now, refers to Article 75. In GOI Act, 1935, Section 9
J Kant asks SG to read this part of the debate
J Kant: After President opinion is considered and accepted by the House
SG: President has right to give assent or not give assent but if chooses to return it to the house, whether House accepts it or not and sends back, the President has to accept it. There is no ambiguity in that.
CJI: one of them suggested as soon as possible but not later than six weeks
SG: mylords examine the interpretation based on few instances..
CJI: We are talking about debates
SG: Point is, now we have made it three months. Again, mylords do not feel that they are deciding some exceptional cases. The consideration of reference is that they will do their duty but they can't be bound