Overview
- The five-judge Bench led by CJI B. R. Gavai opened hearings on August 19 on the President’s 14-question reference testing court-set timelines for Governors and the President and the validity of “deemed assent.”
- Kerala and Tamil Nadu raised preliminary objections, arguing a Presidential Reference cannot be used to revisit the Supreme Court’s binding April 8 ruling that fixed timelines and invoked Article 142.
- The Bench said it would briefly hear objections before moving to the merits, questioned why the President’s request should be resisted, and slated Attorney General R. Venkataramani to begin substantive arguments.
- The Union, citing written submissions by Solicitor General Tushar Mehta, said Article 142 cannot create “deemed assent” and warned that judicially imposed deadlines risk “constitutional disorder”; hearings run Aug 19, 20, 21, 26 for supporters and Aug 28, Sep 2, 3, 9 for opponents, with rejoinders on Sep 10.
- A separate three-judge Bench deferred Punjab’s plea over delays on two state bills, saying it will be taken up after the Constitution Bench’s opinion, which other benches will follow.