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Supreme Court Sets August Hearings on Maintainability of Presidential Reference

The states contend the reference misuses Article 143 by seeking to revisit a court ruling that fixed deadlines for bill assent

Supreme Court of India | Suraj Singh Bisht | ThePrint
The Kerala government moved an application in the reference proceeding ahead of the hearing of the case on Tuesday. (AFP)
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Overview

  • Kerala and Tamil Nadu have filed applications urging the Supreme Court to return or dismiss President Murmu’s advisory reference as non-maintainable, alleging it suppresses the April 8 timeline verdict and misuses constitutional advisory powers.
  • A five-judge Constitution Bench led by Chief Justice B.R. Gavai scheduled preliminary hearings on maintainability for August 19, granting Kerala and Tamil Nadu the first hour to present their objections.
  • President Droupadi Murmu invoked Article 143 in May to seek the court’s opinion on whether enforceable deadlines can be imposed on governors and the president under Articles 200 and 201 to assent to state bills.
  • The April 8 decision in State of Tamil Nadu vs Governor introduced a three-month deadline and a deemed-assent mechanism, which the states argue has already settled the questions raised in the reference.
  • The Court directed all parties to file written submissions by August 12 and will hear the Union government and supporting states from August 19 through September 10 before deciding on the advisory opinion.