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The Supreme Court of India is set to provide its opinion on the Presidential reference concerning the powers of the President and Governors in granting assent to bills passed by state assemblies. This decision comes amidst objections from the governments of Kerala and Tamil Nadu regarding the maintainability of the reference. The apex court clarified that it would not be deciding on the validity of the Tamil Nadu judgment pertaining to the Governor's role in bill approvals but would focus on answering the 14 queries posed by the President. A five-judge bench, led by Chief Justice B R Gavai, questioned the seriousness of the preliminary objections raised by Kerala and Tamil Nadu. The core issue revolves around whether the Supreme Court has the authority to establish timelines for the President and Governors in granting, withholding, or refusing assent to bills passed by state legislatures. The states of Kerala and Tamil Nadu argued that the Supreme Court's advisory opinion could potentially contradict the earlier two-judge bench's judgment in the Tamil Nadu case, leading to conflicting constitutional interpretations for different states. Solicitor General Tushar Mehta countered this argument by asserting that the opinion rendered by a Constitution bench of the Supreme Court is binding on all and can even overturn previous views expressed by a smaller bench on similar matters. Advocate General R Venkataramani, along with Solicitor General Mehta and other senior advocates, supported the Presidential reference, highlighting the need for an authoritative pronouncement from the Supreme Court given the existing disjointed pronouncements on the core issue. The Centre's unease stems from the Supreme Court's perceived encroachment into the legislative domain and its alleged amendment of constitutional provisions related to the roles of Governors and the President in bill approval. Venkataramani argued that the two-judge bench should have referred the constitutional issues to a five-judge bench as mandated by Article 145(3) of the Constitution. The Advocate General also criticized the Supreme Court for treating the President as an ordinary statutory authority and mandating a specific timeframe for bill assent without adequately considering the bill's constitutionality or its alignment with national policies and interests. The Supreme Court's use of its exclusive powers under Article 142 to mandate the President to seek advisory opinion on the constitutionality of bills was also questioned. According to Venkataramani, this action deprived the highest constitutional authority of the power to independently assess the legality and constitutionality of a bill. Furthermore, he considered the granting of 'deemed assent' to bills through Article 142 powers as an unthinkable overreach. The bench, without directly addressing the specific facts of the Tamil Nadu case involving delays in granting assent to bills, questioned the Advocate General about the appropriate approach for a constitution bench in cases of egregious delay on the Governor's part. The Advocate General maintained that even if a constitution bench examines such issues, it cannot amend the Constitution or assume the Governor's constitutional role of granting 'deemed assent' to bills. He cautioned that allowing such a precedent would lead states to approach the Supreme Court for 'deemed assent' in every instance of minor mistakes or delays. Solicitor General Mehta added that the five-judge bench should focus on providing an ideal interpretation of Articles 200 and 201, setting aside the specific facts of the Tamil Nadu case. He emphasized that isolated instances of mistakes by governors or ministers should not dictate the interpretation of fundamental constitutional provisions. The Supreme Court's intervention in this matter highlights the complex interplay between the executive, legislative, and judicial branches of government, particularly in the context of federalism and the division of powers. The outcome of the Presidential reference will likely have significant implications for the relationship between the Union government and the states, as well as the balance of power between the President, Governors, and state legislatures. The legal interpretations offered by the Supreme Court will shape the future understanding and application of Articles 200 and 201 of the Constitution, thereby influencing the process of lawmaking and governance at the state level. The case also underscores the importance of judicial review and the Supreme Court's role as the ultimate interpreter of the Constitution, safeguarding its principles and ensuring their consistent application across the country. The ongoing debate and the arguments presented by various parties reflect the nuanced and often contentious nature of constitutional law, where different perspectives and interpretations can lead to divergent outcomes with far-reaching consequences. The focus now shifts to the Solicitor General's continued arguments, with the legal fraternity and the public eagerly awaiting the Supreme Court's advisory opinion on this crucial constitutional matter. The eventual ruling promises to provide much-needed clarity and guidance on the powers and responsibilities of the President and Governors in the legislative process, thereby contributing to a more stable and predictable framework for governance in India. The implications of the case extend beyond the immediate context of the Tamil Nadu governor's actions, impacting the broader relationship between the central government and states across India. The debate regarding the timelines for presidential and gubernatorial assent to bills has ignited discussions about the balance of power, federalism, and the extent to which the judiciary can intervene in legislative and executive matters. This case serves as a reminder of the dynamic nature of constitutional law and the continuous need for judicial interpretation to adapt to evolving circumstances and challenges. The Supreme Court's advisory opinion will undoubtedly become a landmark judgment, shaping the future discourse on the powers and responsibilities of constitutional authorities in India.
The core legal question hinges on the interpretation of Articles 200 and 201 of the Indian Constitution, which delineate the powers of the Governor and the President, respectively, with regard to bills passed by state legislatures. Article 200 grants the Governor the authority to give assent to a bill, withhold assent, or reserve the bill for the consideration of the President. Article 201 further elaborates on the President's powers, allowing the President to either give assent, withhold assent, or direct the Governor to return the bill to the state legislature for reconsideration. However, neither article explicitly specifies a timeframe within which the Governor or the President must act. This ambiguity has led to situations where Governors have unduly delayed granting assent to bills, effectively stalling the legislative process. The Supreme Court's involvement in this matter stems from the desire to address this ambiguity and provide clarity on the permissible limits of executive discretion in the legislative process. The court's decision to examine the Presidential reference is indicative of its recognition of the potential for abuse of power and the need to ensure that the legislative process functions efficiently and in accordance with the principles of constitutional governance. The arguments presented by the various parties in this case reflect different perspectives on the appropriate balance between executive authority and legislative autonomy. The states of Kerala and Tamil Nadu have raised concerns about the potential for the Supreme Court's advisory opinion to undermine the federal structure of the Indian Constitution and to infringe upon the legislative powers of the state legislatures. They argue that the imposition of strict timelines on the Governor's power to grant assent could unduly restrict the Governor's ability to exercise independent judgment and to protect the interests of the state. On the other hand, the central government and its legal representatives have argued that the Supreme Court's intervention is necessary to prevent the abuse of executive power and to ensure that the legislative process is not unduly hampered by delays in granting assent to bills. They contend that the absence of clear timelines in Articles 200 and 201 has created a loophole that allows Governors to effectively veto legislation passed by state legislatures, thereby undermining the democratic will of the people. The Supreme Court's task is to carefully weigh these competing arguments and to arrive at an advisory opinion that strikes a balance between executive discretion and legislative autonomy. The court must also consider the broader implications of its decision for the relationship between the central government and the states, as well as for the overall functioning of the Indian constitutional system. The legal complexities of this case are further compounded by the fact that the Supreme Court's advisory opinion is not binding on the President. However, the President is likely to give significant weight to the court's opinion, as it represents the collective wisdom of the highest judicial authority in the country. The Supreme Court's advisory opinion is therefore likely to have a significant impact on the future interpretation and application of Articles 200 and 201 of the Indian Constitution.
Ultimately, the Supreme Court's decision in this case will shape the future of Indian federalism and the balance of power between the central government and the states. A clear and well-reasoned advisory opinion will provide much-needed guidance to constitutional authorities and ensure that the legislative process functions effectively and in accordance with the principles of constitutional governance. The debate surrounding the Presidential reference and the Supreme Court's role in advising on constitutional matters underscores the importance of an independent judiciary and the vital function it serves in safeguarding the principles of democracy and the rule of law. The Supreme Court's decision will undoubtedly be closely scrutinized by legal scholars, political analysts, and the general public, as it will have far-reaching implications for the future of Indian governance. The case also serves as a reminder of the ongoing evolution of constitutional law and the need for continuous judicial interpretation to adapt to changing circumstances and challenges. The Supreme Court's advisory opinion on the Presidential reference will not only provide clarity on the specific legal issues at hand but will also contribute to a broader understanding of the principles of federalism, separation of powers, and the role of the judiciary in upholding the Constitution. The Supreme Court's judgment in this case will undoubtedly be a landmark one, shaping the future discourse on the powers and responsibilities of constitutional authorities in India. It will also serve as a valuable precedent for future cases involving similar issues, providing a framework for resolving disputes and ensuring that the principles of constitutional governance are upheld. The impact of the Supreme Court's decision will be felt across the country, influencing the relationship between the central government and the states, and shaping the future of Indian federalism. The case underscores the importance of a robust and independent judiciary in safeguarding the Constitution and ensuring that the powers of government are exercised in accordance with the rule of law. The legal and political ramifications of this case are significant, and the Supreme Court's decision will undoubtedly have a lasting impact on the Indian political landscape. The Supreme Court's meticulous consideration of the arguments presented by all parties involved demonstrates its commitment to ensuring that the Constitution is interpreted and applied in a fair and just manner. The Court's advisory opinion, when issued, will serve as a guidepost for future constitutional debates and provide clarity on the powers and responsibilities of constitutional authorities in India, thereby reinforcing the principles of democracy and the rule of law. The Supreme Court's role in resolving constitutional disputes and providing guidance on the interpretation of the Constitution is essential for maintaining stability and ensuring that the government operates within the bounds of the law. The Court's decision in this case will be a testament to its commitment to upholding the Constitution and safeguarding the principles of Indian democracy.
Source: 'Will give view on Prez reference; won’t decide validity of TN guv verdict': Supreme Court