Presidential Reference: SC fixes dates for hearing on timeline for assent to bills sent by assembly

The Supreme Court on Tuesday, 29 July, fixed a time schedule for hearing the Presidential Reference raising constitutional issues on whether timelines could be imposed for dealing with Bills passed by assembly.

A five-judge bench headed by Chief Justice B.R. Gavai asked the Centre and states to file their written submissions by August 12 and proposed to start the hearing from August 19.

Asking the parties to adhere strictly to the timeline, the bench, also comprising Justices Surya Kant, Vikram Nath, P.S. Narasimha and A.S. Chandurkar, said that it would first hear preliminary objections filed by states like Kerala and Tamil Nadu questioning the maintainability of the Presidential Reference on August 19 for one hour.

The Centre and the states supporting the Presidential Reference will be heard on August 19, 20, 21 and 26, while those opposing it will be heard on August 28 and September 2, 3 and 9.

The bench said rejoinder submissions, if any, will be heard on September 10.

On July 22, the top court observed that the issues raised in the Presidential reference will affect the "entire country".

In May, President Droupadi Murmu exercised powers under Article 143(1) to know from the top court whether timelines could be imposed by judicial orders for exercise of discretion by the President while dealing with the bills passed by state assemblies.

The Presidential Reference comes in light of an April 8 verdict of the apex court pertaining to the powers of the Governor in dealing with the Bills questioned by the Tamil Nadu government.

The verdict for the first time prescribed that the President should decide on the Bills reserved for her consideration by the Governor within three months from the date on which such reference is received.

In a five-page reference, President Murmu posed 14 questions to the Supreme Court and sought to know its opinion on powers of Governor, President under Articles 200 and 201 in dealing with Bills passed by the state legislature.