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Supreme Court to Clarify Limits of Judicial Timelines for Governors and President

President Murmu's Article 143 reference seeks answers on judicially imposed deadlines for assent to state legislature bills, testing federal balance and separation of powers.

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Overview

  • The President of India has referred 14 constitutional questions to the Supreme Court under Article 143, challenging the imposition of timelines for Governors and the President to act on state bills.
  • The reference stems from the Supreme Court's April 8 Tamil Nadu ruling, which deemed prolonged withholding of bills unconstitutional and mandated a three-month deadline for assent decisions.
  • Key issues include whether the judiciary can impose timelines where the Constitution is silent and the extent of judicial review over gubernatorial and presidential discretion.
  • The Supreme Court’s advisory opinion will address the broader implications for separation of powers, federalism, and the justiciability of executive acts.
  • The decision could set a precedent for resolving legislative delays, which have frustrated state governments and disrupted cooperative federalism.