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4w ago

Supreme Court Begins Article 143 Hearings on Bill Assent Timelines

The bench cast the proceedings as advisory under Article 143 to clarify the law on timelines for assent by governors or the President.

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Tushar Mehta insisted that the governor’s power to withhold assent must be preserved in “exceptional circumstances”
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The Supreme Court’s clarification came during an exchange with senior advocate Abhishek Manu Singhvi, who argued on behalf of the state of Tamil Nadu that the April 8 verdict by a two-judge bench and the point of law had become inseparably fused, such that any contrary view in the reference would unsettle the decision itself. (HT)

Overview

  • Kerala and Tamil Nadu challenged the maintainability of the Presidential Reference, arguing Article 143 cannot be used to revisit questions settled by prior rulings.
  • The Constitution Bench said it will not sit in appeal over the April 8 Tamil Nadu judgment and will offer only an opinion on the legal questions raised.
  • Attorney General R. Venkataramani and Solicitor General Tushar Mehta contended that fixed deadlines were consciously omitted by the framers and that the April ruling overreaches by constraining Articles 200 and 201.
  • The bench noted the April intervention may have addressed an egregious delay by the Tamil Nadu Governor and pressed the Centre on what remedy exists if bills are kept pending for years.
  • The President referred 14 questions in May seeking clarity on whether courts can impose timelines or remedies like deemed assent, with hearings scheduled to continue into September.