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Informist, Thursday, May 15, 2025

 

NEW DELHI – The President of India Droupadi Murmu has sought the Supreme Court's opinion on whether timelines can be imposed on it and governors through judicial orders on giving assent to Bills. The President's reference came after the apex court in April set timelines for state governors to act on Bills, and asked the President to take a decision on the Bills reserved for his consideration by the Governor within a period of three months from the date on which such reference is received.

 

In April, the top court had said that in case of any delay beyond the three months period by the President, appropriate reasons would have to be recorded and conveyed to the concerned state. The top court had also given timelines for the governor to take action under Article 200 and said that failure to comply with these would make the inaction of the governor subject to judicial review by the courts. The Supreme Court had then set aside Tamil Nadu Governor R.N. Ravi's action to reserve 10 Bills for President's consideration after they were re-passed by the state legislative assembly and termed the same as "illegal" and "erroneous in law". 

 

"In the absence of a constitutionally prescribed timeline and the manner of exercise of powers by the President, can timelines 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?" asked Murmu. The President asked a similar question for apex court setting a timeline for Governors under Article 200 of the Indian Constitution.

 

Before the top court's ruling, there was no timeline prescribed under the Constitution for the President under Article 201, and Governor under Article 200 to act on the Bills. The President has sought a reference under Article 143(1) of the Indian Constitution from the Supreme Court on 14 questions. Article 143(1) states about the power of the President to consult the top court.

 

Some of the questions asked by the President include whether courts can adjudicate on the contents of a bill before it becomes a law. The President questioned, can the Supreme Court substitute the orders of the President or Governor through Article 142. Further, the President asked what were the limits of Article 142, which grants the Supreme Court the power to pass decrees or make orders as necessary to do complete justice in any case or matter pending before it. Further, the President sought to know whether the top court could resolve disputes between the Union government and states other than those covered by Article 131 of the Indian Constitution.  End

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

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