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Presidential Reference: Supreme Court Timeline Dispute with Governors

by Emma Walker – News Editor

Supreme court Hears​ Arguments ‍on Presidential Reference Regarding Governor’s Bill Assent Timelines

new Delhi ⁤- ⁤ The Supreme ⁤Court is currently hearing arguments concerning a Presidential ⁣reference questioning its authority to impose deadlines ‍on ‍Governors and ⁢the President ⁣for deciding on bills ​passed by⁢ state legislatures.The‌ reference, initiated by President Droupadi Murmu, stems from ‍a previous ruling​ that established prescribed‍ timelines for decision-making and affirmed judicial review​ of Governor’s inaction ⁢under ⁢Article 200.

President Murmu ‌referred fourteen questions ⁣to the Court, contending that the Constitution does ⁢not ​empower the judiciary to prescribe such deadlines and​ that “deemed assent” due to ‍delay is not constitutionally ⁣envisioned. ⁣

The Kerala and Tamil⁣ Nadu governments have ‌opposed the reference, arguing it is not maintainable. Conversely, the Central⁤ government supports the reference,‌ asserting that the power to act on​ Bills is a “high prerogative” function unsuited to judicial‍ timelines.

During⁤ a hearing on August‍ 28, Tamil Nadu⁤ argued that allowing‌ Governors to withhold ⁤assent⁣ even to​ money ​bills would effectively grant them “super Chief ‍Minister” status. This​ followed a submission by the Maharashtra government on August 26 suggesting Governors can ‍deny assent ​to money bills.

The‌ Court has stated its decision​ will ‌not be influenced by the⁢ current‍ or past political ‍party in power ​and has expressed doubt​ regarding ‌its power to establish timelines for ⁣assent. The Court also questioned what⁤ recourse exists​ if a Governor fails to comply with any established timelines.

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