New Delhi: The Supreme Court of India will today deliberate on a significant constitutional reference made by President Droupadi Murmu, questioning the judiciary’s power to impose a time frame on the President and Governors for acting on bills passed by legislatures. The reference includes 14 key legal questions stemming from a recent judgment which mandated that such decisions must be taken within three months.
A five-judge Constitution Bench led by Justice B.R. Gavai, and comprising Justices Suryakant, Vikram Nath, P.S. Narasimha, and A.S. Chandurkar, will hear the matter. The move follows a ruling related to the Tamil Nadu Governor, in which the Supreme Court set a three-month deadline for constitutional authorities to act on legislative bills. That bench had also clarified that state governments could seek legal recourse if such deadlines were breached.
President Murmu has invoked Article 143(1) of the Constitution to refer the matter for judicial opinion. Article 143 allows the President to seek the Supreme Court’s advice on matters of public importance and constitutional interpretation.
The President has emphasized that Articles 200 and 201 of the Constitution, which govern the assent process for state legislation, do not specify any strict time frame for action. Instead, it has traditionally been understood that the President and Governors retain discretionary power, factoring in considerations such as national integrity, public security, cooperative federalism, and consistency in legal standards across states.
The reference underscores past judicial inconsistencies and interpretations concerning gubernatorial assent. The President's legal team has noted that multiple Supreme Court rulings have addressed these matters differently, warranting a consolidated constitutional clarification.
The court’s response could reshape the functioning of legislative processes and clarify the boundaries between executive discretion and judicial oversight potentially altering the balance of power between the legislature and constitutional heads.