States question Centre’s move seeking SC opinion to overrule ‘binding’ order , Pg12.

Key Highlights:

• Kerala and Tamil Nadu question the Centre's move to seek the Supreme Court's opinion via Presidential Reference to potentially overrule its own judgment.
• The states argue that the Tamil Nadu Governor case already addressed constitutional questions regarding the powers of the President and State Governors concerning assent to state laws.
• A two-judge Bench of the Supreme Court on April 8 set three-month timelines for the President and Governors to act on State Bills under Articles 200 and 201.
• The states highlight that the Union government did not challenge the April 8 judgment, implying acceptance of the timelines.
• A Constitution Bench led by CJI B.R. Gavai will hear arguments on the maintainability of the Presidential Reference on August 19.

Detailed Insights:

• The Presidential Reference under Article 143 is questioned by the states, arguing that the issues raised are already settled by the Supreme Court's April 8 judgment.
• Kerala and Tamil Nadu contend that the reference is a tactic to circumvent a previously delivered judgment, urging the court to reject it.
• The states emphasize that an advisory opinion under Article 143 cannot override the law declared by the Supreme Court under Article 141, which is binding.
• The states criticize the Presidential Reference for omitting the existence of the Tamil Nadu Governor case judgment, deeming it a sufficient reason for rejection.
• The Office Memorandums issued by the Home Ministry in February 2016 highlighted delays by the President and Governors in deciding on State Bills, forming the basis for the Supreme Court's timelines.

Key Concepts Involved:

• Presidential Reference (Article 143): The power of the President to consult the Supreme Court on questions of law or fact.
• Article 200 & 201: Constitutional articles dealing with the Governor's role in assenting to, withholding, or reserving bills passed by the State Legislature.
• Article 141: Declares that the law declared by the Supreme Court shall be binding on all courts within the territory of India.