T.N. CM slams Presidential Reference to top court on timeline to act on State Bills, Pg1

• President Droupadi Murmu has made a Presidential Reference under Article 143 to the Supreme Court.

  • The reference seeks clarity on whether the Supreme Court can impose timelines on Governors and the President for acting on State Bills.

  • Tamil Nadu CM M.K. Stalin criticized the move, calling it a central overreach undermining state autonomy.

Detailed Insights:

1. Background and Legal Issues:

• The reference focuses on Articles 200 and 201 of the Constitution:

  • Article 200: Governor’s options on State Bills (assent, withhold, reserve for President, or return for reconsideration).

    • Article 201: President’s power to grant or withhold assent on reserved Bills.

  • Presidential Reference under Article 143 allows the President to seek Supreme Court’s advisory opinion on matters of public importance.

  • The SC had previously ruled in the Tamil Nadu case that Governors must act within a reasonable time.

2. President’s Query to SC:

• Can the Court set timelines for constitutional authorities (Governor/President) to act on Bills?

  • Can judicial orders dictate how constitutional provisions under Articles 200 and 201 are to be exercised?

  • Can a deemed assent be judicially ordered if a Governor delays action?

3. Political Context:

• Tamil Nadu government sees this as Centre’s interference in State affairs.

  • Stalin described it as a “desperate attempt” to reverse judicial checks on Governor inaction, calling it a “subversion of constitutional position”.

Scientific/Technical Concepts Involved:

• Article 143 (Presidential Reference): Advisory jurisdiction of Supreme Court.

  • Deemed Assent: A proposed doctrine where assent is presumed if no decision is taken within a specified time.

  • Judicial Review: Courts examining actions of constitutional functionaries.

Significance:

• The case will redefine Centre-State relations, especially the accountability of Governors.

  • A Supreme Court ruling can create precedent on timelines for constitutional duties, reducing executive arbitrariness.

  • Brings focus on urgent reform in gubernatorial practices often accused of political bias.

Mains Mock Question:

Discuss the constitutional role of the Governor in the legislative process of a state. Should there be a time limit for the Governor or the President to act on State Bills? Justify with reference to recent debates and court rulings.