'What is the problem?': SC to TN, Kerala on opposition to presidential reference on bill timelines
A five-judge Constitution bench headed by Chief Justice B R Gavai posed the question when the counsel representing the opposition-ruled Tamil Nadu and Kerala governments questioned the very maintainability of the presidential reference.
The bench also comprised Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar.
"When the hon'ble president herself is seeking reference then what is the problem. Are you really serious about contesting this?" the bench asked while beginning a crucial hearing on the reference.
"It is very clear that we are sitting in an advisory jurisdiction," the bench said.
In May, President Droupadi Murmu exercised powers under Article 143(1) to know from the top court whether judicial orders could impose timelines for the exercise of discretion by the president while dealing with bills passed by state assemblies.
The Centre said in its written submission that imposing fixed timelines on governors and the president to act on bills passed by a state assembly would amount to one organ of the government assuming powers not vested in it by the Constitution, and lead to "constitutional disorder".
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