Top court to hear Article 143 reference on President and Governor’s powers, Pg1

Key Highlights:

• A Constitution Bench of the Supreme Court will hear a Presidential Reference under Article 143 on July 22.
• The reference seeks clarity on whether the President and Governors can be subject to judicially imposed timelines in granting or withholding assent to State Bills.
• It follows an April 8 verdict in which the Supreme Court used Article 142 to deem 10 Tamil Nadu Bills as assented.
• The reference questions whether Article 142 allows courts to override substantive constitutional provisions.
• It challenges the concept of “deemed assent”, claiming it is not part of the constitutional framework.
• Seeks clarity on justiciability of actions taken by President/Governor before a Bill becomes law.
• The reference is seen as testing the limits of judicial review over constitutional authorities.

Detailed Insights:

• Article 143 allows the President to seek the Supreme Court’s opinion on questions of law or fact of public importance.
• The key issue: Can courts impose a timeline on the President or Governor for assenting or reserving Bills under Articles 200 and 201?
• The April 8 judgment declared the Governor’s delay in clearing Tamil Nadu Bills as illegal and used Article 142 to grant “deemed assent”.
• The Presidential Reference challenges whether such judicial orders can override the constitutional procedure.
• Raises a fundamental query on whether President and Governor’s actions under Articles 200 and 201 are subject to judicial scrutiny before the Bill becomes law.
• Seeks clarity on whether courts can review or alter constitutional processes, especially when no specific timeline is prescribed in the Constitution.
• The case will potentially define the balance between constitutional functionaries and judiciary in the law-making process.

Key Concepts Involved:

• Article 143 (Presidential Reference): Empowers the President to seek the SC’s advisory opinion on legal/constitutional issues.
• Article 142: Allows the SC to pass orders for “complete justice” in any cause.
• Articles 200 & 201: Define the process for Governor and President’s assent to State legislation.