SC to consider Prez reference on timeline for assent to state Bills on July 2

New Delhi: A five-judge Constitution bench of the Supreme Court is scheduled to consider on July 22 the Presidential reference on whether timelines could be imposed by judicial orders for the exercise of discretion by the President while dealing with Bills passed by state Assemblies.

According to the cause list posted on the apex court website, a bench comprising Chief Justice of India BR Gavai and Justices Surya Kant, Vikram Nath, PS Narasimha and Atul S Chandurkar will be hearing the matter.

In May, President Droupadi Murmu 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.

Article 143 (1) of the Constitution deals with the power of President 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”.

The April 8 verdict, passed in a matter over the powers of the governor in dealing with Bills questioned by the Tamil Nadu government, for the first time prescribed that the President should decide on the Bills reserved for her consideration by the governor within three months from the date on which such reference is received.

In a five-page reference, President Murmu posed 14 questions to the Supreme Court and sought to know its opinion on the powers of governors and the President under Articles 200 and 201 in dealing with Bills passed by the state legislature.

Article 200 deals with situations with regard to the passage of Bills by the state Assembly and subsequent options available to the governor on grant of assent or withholding of assent or sending the Bill to the President for reconsideration.

Article 201 deals with the Bills reserved for the President’s consideration by the governor.

The Centre has resorted to the presidential reference instead of seeking a review of the verdict, which has evoked sharp reactions in the political spectrum.

The rules prescribe that the review petitions be heard by the same set of judges in the apex court in chambers, while presidential references are heard and considered by a five-judge Constitution bench.