Supreme Court To Give Opinion In Presidential Reference On Timelines For Bills' Assent Tomorrow

The Supreme Court will pronounce its opinion tomorrow(November 20) in the reference made by the President of India under Article 143, raising 14 questions related to the timelines for granting assent to Bills by the President and the Governor under Articles 200/201 of the Constitution.A bench comprising Chief Justice of India BR Gavai, Justice Surya Kant, Justice Vikram Nath, Justice PS Narasimha and Justice AS Chandurkar heard the matter for ten days and reserved its opinion on September 11.The Presidential reference was made in May, soon after the judgment delivered by a two-judge bench in the Tamil Nadu Governor case, which laid down timelines for the President and the Governor to act on Bills.During the hearing, the Court clarified many times that it won't be sitting in appeal over the TN Governor judgment and that it will only answer the Constitutional questions. States such as Tamil Nadu, Kerala, West Bengal and Punjab raised objections to the maintainability of the reference on the ground that the questions were already answered in the TN Governor judgment.During the hearing, the Court questioned whether the Governors can indefinitely withhold Bills. If the Governors can withhold Bills without returning them to the Assembly, it will place the elected Government at the whims of the Governor, the Court commented.The Court also wondered if blanket timelines for the President and the Governor can be justified merely by certain isolated instances of delay.Attorney General for India R Venkataramani argued against the Court fixing timelines for the President and Governor for the exercise of their powers under Articles 200 and 201. He added that the Court cannot take over the functions of the Governors by declaring deemed assent for Bills.Solicitor General of India Tushar Mehta, for the Union Government, also opposed the Court's timelines for Governors. While agreeing that the Governors cannot indefinitely sit on bills, SG Mehta asserted that Courts cannot lay down a straitjacket timeline. Issuing a mandamus to Constitutional high functionaries in relation to the exercise of their discretionary powers is a violation of the principle of the separation of powers.Senior Advocate Kapil Sibal (for the State of West Bengal), Senior Advocate Dr AM Singhvi (for Tamil Nadu), Senior Advocate KK Venugopal (for Kerala), Senior Advocate Gopal Subramanium (for State of Karnataka) and Senior Advocate Arvind P Datar (for State of Punjab) made arguments in support of the timelines and judicial intervention in cases of delays by Governors.Senior Advocate Harish Salve (for State of Maharashtra), and Senior Advocate Mahesh Jethmalani (for State of Chhattisgarh) etc, argued in support of the Union's position.Reports of hearings :'We'll Be Just Expressing A View On Law, Not On TN Governor Decision' : Supreme Court On Presidential Reference Over Bill Timelines [Day 1]If Governor Keeps Bills Pending For Long, What Is The Recourse? Supreme Court Asks AG In Presidential Reference [Day 1]Dr.Ambedkar Opposed Setting Time Limit For President To Decide On Bill's Assent : Solicitor General Tells Supreme Court [Day 1]If Bills Can Be Withheld Without Returning To Assembly, Won't Elected Govts Be At Governors' Whims? Supreme Court Asks [Day 2]If Governor Is Sitting On Bills, There're Political Solutions; Courts Can't Fix Timeline : Solicitor General To Supreme Court [Day 3]Governor Withholding Bills Indefinitely Will Make Legislature Defunct : Supreme Court In Presidential Reference Hearing [Day 3]Supreme Court To Avoid Answering Question In Presidential Reference On Whether States Can File Article 32 Petition [Day 3]If Governors Can Veto Bills By Withholding Assent, Even Money Bills Could Be Blocked : Supreme Court In Presidential Reference Hearing [Day 4]President Wants Court's Opinion On Whether States Can File Article 32 Petitions Against Union : Solicitor General Tells Supreme Court [Day 5]Governor Can't Be A Judicial Reviewer Of Repugnancy Or Illegality Of Bills : Singhvi Tells Supreme Court In Presidential Reference [Day 5]Instances Of Delay In Bills Assent Can't Justify Imposing Fixed Timelines For Governors & President : Supreme Court During Hearing [Day 6]Presidential Reference | Sibal Disagrees With Singhvi's Argument That Governor Has No Discretion While Acting On Bills [Day 6]Constitution Can't Be Interpreted In A Manner Making Governors Unaccountable : Sibal To Supreme Court In Presidential Reference [Day 7]Presidential Reference : Karnataka, Kerala & Punjab Argue In Supreme Court Against Giving Governors Power To Withhold Bills Indefinitely [Day 8]How Can You Say States Are Raising False Alarm When Bills Are Pending With Governor For Years? Supreme Court Asks Centre [Day 9]Governor Has No Power To Sit On Bills Endlessly; But Timelines Can't Be Laid Down : Centre To Supreme Court [Day 10]Presidential Reference | Centre Requests Supreme Court To Declare Tamil Nadu Governor Case Judgment Wrong [Day 10]

Supreme Court To Give Opinion In Presidential Reference On Timelines For Bills' Assent Tomorrow

Gursimran Kaur Bakshi

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