President questions SC's direction setting timelines to approve delayed bills
What's the story
President Droupadi Murmu has written to the Supreme Court over its recent direction, which set a three-month timeline for the president to make a decision on bills reserved to her by the governor. Under Article 143(1) of the Constitution, she asked the apex court whether it can impose such deadlines. This provision allows the president to seek legal advice from the SC on matters of public importance.
Concerns raised
President questions 'deemed consent' directive
In particular, President Murmu has questioned the SC's direction that failure to comply with its timeline for granting assent to bills would lead to 'deemed consent.' The concept of deemed assent by the president and governor is foreign to the constitutional framework and fundamentally limits the president and governor's power, according to her reference. The SC will now constitute a Constitution Bench to consider her concerns.
Questions posed
President seeks clarity on constitutional options
In her reference, Murmu has posed 14 clarifying questions to the Supreme Court. The questions include what the constitutional options are before a governor when a Bill is presented to him under Article 200 of the Constitution of India. "Is the Governor bound by the aid and advice tendered by the Council of Ministers while exercising all the options available with him when a Bill is presented before him under Article 200 of the Constitution of India?"
Judicial review
President questions judicial imposition of timelines
Murmu's questions further ask if, in the absence of a constitutionally mandated time limit, timelines and procedural methods can be imposed by judicial orders with respect to the powers exercised by the President under Article 201 and the Governor under Article 200. She asked whether such actions are open to judicial review or can they be substituted in any manner under Article 142 of the Constitution.
Jurisdiction questions
President queries Supreme Court's authority
Another question asked, "Is a law made by the State legislature....in force without the assent of the Governor granted under Article 200?" In a rare decision, the SC in April used its powers to settle a dispute over delayed bills between the Tamil government and Governor RN Ravi. It ruled that the governor's refusal to approve 10 bills was "illegal and arbitrary" and set a three-month deadline for the President and governor to clear bills already passed by the legislature.