‘SC stepped in due to egregious situation in T.N. Governor case’ , Pg1

Key Highlights:

• A five-judge Presidential Reference Bench of the Supreme Court (SC), led by former Chief Justice of India D.Y. Chandrachud, reviewed the Tamil Nadu Governor case regarding assent to State Bills.
• The SC suggested its intervention, granting deemed assent to 10 Tamil Nadu State Bills, was to resolve an "egregious situation" caused by the Governor's delay in assenting since 2020.
• The Attorney General argued that the Governor has the power under Article 200 to withhold assent and is not bound by the Council of Ministers’ advice.
• The SC is examining the President's reference questioning the court's power to set three-month deadlines for presidential and gubernatorial assent to State Bills.

Detailed Insights:

• The Presidential Reference Bench clarified that it does not intend to overrule the T.N. Governor case judgment but may voice an opinion on the SC verdict.
• The Attorney General asserted that the President and Governors can use their discretion to withhold assent if they suspect the constitutionality of the Bills.
• The SC questioned the Attorney General on the reasons for the Governor's delay since 2020, highlighting the apparent nature of the situation.
• The Solicitor-General argued that the Reference Bench should focus on answering the President's questions and maintaining the balance envisioned by the Constitution.
• The Attorney General contended that the SC's judgment in the T.N. case encroached upon the legislative domain by granting 'deemed assent' to State Bills.
• The SC is debating whether it can use its powers under Article 142 to impose time limits on the President and Governors for assenting to State Bills.
• The Attorney General urged the judiciary not to violate the basic structure of the Constitution by taking over executive and legislative functions.

Key Concepts Involved:

• Article 200: Deals with the Governor's power to grant assent, withhold assent, or reserve a bill for the President's consideration.
• Article 142: Grants the Supreme Court extraordinary powers to do complete justice in any case.
• Presidential Reference: The power of the President of India to consult the Supreme Court on questions of law or fact of public importance.