Supreme Court Ruling on Presidential Assent to Bills
The Supreme Court has emphasized that the President must provide cogent reasons and substantial materials when withholding assent to a bill, even after obtaining advice from the Supreme Court under Article 143 of the Constitution.
Article 143 and Presidential Powers
- Article 143 allows the President to seek the opinion of the top court on significant legal or factual questions.
- The President must record reasons if deviating from the advice provided by the Supreme Court on a particular bill.
Court's Observations
- A bench, including Justices JB Pardiwala and R Mahadevan, stated that legislative or executive branches might ignore Supreme Court opinions if policy considerations outweigh constitutional concerns.
- If the President acts contrary to the court's advice and withholds assent, they must justify this decision with clear reasons and materials.
Judicial Review and Accountability
Lack of or insufficient reasons for a President's action can undermine the concept of limited government and accountability, as per the bench.
Importance of Recorded Reasons
- The declaration of reasons by the President under Article 201 is crucial for maintaining accountability and validating decisions through judicial review.
Role of Governors and Presidential Assent
- The Constitution requires governors to consider the constitutionality of a bill by reserving it for the President's consideration, who may then invoke Article 143.
Constitutional Interpretation
The court differentiates between a maze and a labyrinth, suggesting the Constitution guides to enlightenment rather than confusion.
