Overview

• Mehta told the bench that reading fixed time limits into Articles 200 and 201 would amount to amending the Constitution and that Article 142 cannot be used to override express provisions or create a deemed assent remedy.
• He cited Articles 122, 212 and 361 to argue that gubernatorial and presidential assent are politically plenary functions shielded from ordinary judicial review.
• Kerala and Tamil Nadu have filed preliminary objections challenging the maintainability of the Presidential Reference as an attempt to re-litigate the April ruling.
• Puducherry’s administration filed an affidavit supporting the reference and arguing that the judiciary should refrain from intervening until a bill becomes law following assent.
• A five-judge Constitution Bench led by Chief Justice B.R. Gavai will begin hearings on August 19 to address the preliminary objections and the reference’s substantive constitutional questions over a multi-day schedule into September.