President flags Supreme Court overreach, seeks clarity on assent timelines | Current Affairs | Vision IAS
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ESC

Invoking Article 143, President Murmu has sent a Presidential Reference to the SC to clarify if it can set timelines for President and Governors to grant assent to bills amid row over Article 142 powers.

  • Previously, Supreme Court in 'State of Tamil Nadu vs Governor of Tamil Nadu' case, set time limits for -
    • the Governors under Article 200 on the bills sent to them by the State Legislative Assemblies.
    • the President under Article 201 on the Bills which the Governor has reserved for the President's assent.
  • In the 14-point reference, the President invoked multiple articles seeking clarifications regarding -
    • the three-month timeline for the President under Article 201.
    • Whether Governors are bound by the Council of Ministers’ advice under Article 200, etc.

Different articles invoked in the Presidential Reference

  • Article 143: Allows the President to seek the SC’s opinion in matters of legal and public importance.
  • Article 200: Outlines Governor's power regarding bills passed by the state legislature.
  • Article 201: Outlines President’s power on Bills reserved by Governor. 
  • Article 361: President and Governors shall not be answerable to any court for the exercise of powers and duties of their office.
  • Article 142: Grants the SC the power to pass any order necessary to secure complete justice.
  • Article 145(3): Mandates minimum 5 Judges for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or to hear any reference under Article 143.
  • Article 131: Related to the Original jurisdiction of the SC.
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