SC issues notice on Presidential reference for bill assent timelines

The Supreme Court on Tuesday (July 22) issued notices to the Centre and the states seeking their response with regard to the Presidential reference, whether timelines could be imposed by the judiciary on the President and the Governors for clearing bills passed by the State assemblies.

A five-judge Constitution bench headed by Chief Justice of India BR Gavai sought the responses of the Centre and the State government by next Tuesday, pointing out that the issue concerns not just one state but the entire country.

Hearing by mid-August

The bench also comprising Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar further stated it would finalise the schedule of the hearing on July 29, adding that it was planning to commence hearing by mid-August.

The development comes after President Droupadi Murmu in May exercised her powers under Article 143(1) and posed 14 crucial questions to the Supreme Court over its April 8 verdict that fixed timelines for governors and the President to act on bills passed by state assemblies.

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What Constitution says

As per the Article 143 (1) of the Constitution, the President is empowered to consult the Supreme Court "if at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon".

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The backdrop

The Supreme Court, in its verdict on April 8 regarding the powers of the Governor in dealing with bills questioned by the Tamil Nadu government, for the first time prescribed a timeline for the President. As per the timeline, the President has to take a call on the bills reserved for her consideration by the governor within three months from the date on which such reference is received.

President Murmu, a five-page reference to the Supreme Court, sought its opinion on the powers of governors and the President under Articles 200 and 201 of the Constitution in dealing with bills passed by the state assembly.