NEW DELHI: The Supreme Court on Tuesday issued notice to the Centre and all state governments on a presidential reference on validity of prescribing timelines for Governors and the President to act on Bills passed by the state legislatures.
Considering the reference made on May 13, this year, a special bench led by CJI Gavai and comprising Justices Surya Kant, Vikram Nath, P S Narasimha and Atul S Chandurkar, said the issue would affect the entire country.
The court said, it will issue notice to the Centre and all states, and the notice will be returnable in one week.
The bench also sought assistance of Attorney General R Venkataramani.
The bench said that it will begin the hearing on the matter in August.
Senior advocate K K Venugopal contended before the bench that he is appearing for Kerala, which is raising issues on maintainability.
Solicitor General Tushar Mehta said it is premature to raise such an issue before the bench.
The bench said it will assemble on next Tuesday.
Senior advocate P Wilson, representing the Tamil Nadu government, said he is also raising the issue of maintainability, and stressed that it will directly affect his state.
After the apex court's April 8 judgment on fixing the timeline to clear the Bills with regard to Tamil Nadu Assembly, President Droupadi Murmu has made the reference to the Supreme Court to decide if this can be done through judicial orders in the absence of the constitutionally prescribed timeline for it.
In its April 8, 2025 judgment, a bench of Justice J B Pardiwala and R Mahadevan declared Tamil Nadu Governor R N Ravi's decision to reserve 10 bills for President after those were re-enacted, as illegal.
The court had then set the timeline, saying that the President is required to take a decision on the bills reserved for his consideration by the Governor within a period of three months.
The judgment, which also declared all those Bills without assent of the Governor or the President as passed using its power under Article 142 of the Constitution, came under sharp attack from certain quarters for being in judicial overreach and in violation of the principle of separation of powers.
Then Vice President Jagdeep Dhankhar, Kerala governor Rajendra Vishwanath Arlekar, and senior government officials called out the apex court for setting deadlines for the Executive wing of the government, and its use of Article 142 to clear Bills.
Days after the President made the reference in exercise of power under Article 143(1) of the Constitution which allows the top constitutional head to seek the opinion of the Supreme Court on any question of law or fact of public importance.
The advisory jurisdiction allows the President to consult the Supreme Court on significant issues.
In the reference made on May 13, 2025, the President sought opinion of the Supreme Court on 14 questions, including whether the exercise of constitutional discretion by the President under Article 201 of the Constitution of India is justiciable.
"Are the decisions of the Governor and the President under Article 200 and Article 201 of the Constitution, respectively, justiciable at a stage anterior into the law coming into force? Is it permissible for the Courts to undertake judicial adjudication over the contents of a Bill, in any manner, before it becomes law," the reference asked.
It also asked if the exercise of constitutional powers and the orders of/by the President / Governor can be substituted in any manner under Article 142 of the Constitution of India.
It also sought opinion if a law made by the State legislature is a law in force without the assent of the Governor granted under Article 200 of the Constitution.
"In view of the proviso to Article 145(3) of the Constitution, is it not mandatory for any bench of this court to first decide as to whether the question involved in the proceedings before it is of such a nature which involves substantial questions of law as to the interpretation of constitution and to refer it to a bench of minimum five judges," it further asked.
The reference also asked if the powers of the Supreme Court under Article 142 of the Constitution are limited to matters of procedural law or Article 142 of the Constitution of India extends to issuing directions/passing orders which are contrary to or inconsistent with existing substantive or procedural provisions of the Constitution or law in force.
"Does the Constitution bar any other jurisdiction of the Supreme Court to resolve disputes between the Union Government and the State Governments except by way of a suit under Article 131 of the Constitution of India," it also asked.
The President felt in prevailing circumstances when the States are frequently approached the Supreme Court invoking Article 32 and 131 of the Constitution, it was expedient to seek the opinion of the Supreme Court on legal questions.
