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Supreme Court Defers Punjab Petition on Stalled Bills as Constitution Bench Takes Up Presidential Reference

The advisory hearing will examine whether judges may set deadlines for assent, including the idea of deemed approval.

President Droupadi Murmu had, under Article 143, sought the Court’s guidance on 14 questions arising from its April 8 ruling that fixed timelines for governors and the President in granting, refusing or withholding assent to state bills.

Overview

  • A five-judge Constitution Bench led by Chief Justice B. R. Gavai begins hearings on August 19 on 14 questions referred by the President under Article 143, with nine days set aside.
  • The Bench comprises Justices Surya Kant, Vikram Nath, P. S. Narasimha and A. S. Chandurkar and will consider the court’s role in timelines for gubernatorial or presidential assent to state Bills.
  • A three-judge Bench deferred the Punjab government’s plea over delays on two state Bills until after the advisory opinion and refused the Union government’s request to transfer the case to the Constitution Bench.
  • Punjab’s petition concerns the Sikh Gurdwaras (Amendment) Bill, 2023, pending with the President since January 2024, and the Punjab Police (Amendment) Bill, 2023, referred in July 2024.
  • Solicitor General Tushar Mehta has argued that Article 142 cannot be used to create 'deemed assent' and warned that such a remedy would distort the constitutional scheme, a contention arising from the April 8 ruling that set deadlines and deemed ten Tamil Nadu Bills assented.