Supreme Court Questions Kerala Government Over Presidential Reference on Bill Assent

New Delhi: The Supreme Court on Tuesday questioned the Kerala government’s stance during a presidential reference hearing on the April 12 order that set timelines for the President and Governors to assent to bills passed by state legislatures.

Chief Justice BR Gavai expressed incredulity at arguments presented by former Attorney General KK Venugopal, asking, “Are you really serious? Why can’t a five-judge bench hear this when the President is asking? What is wrong with that?”

Venugopal cited prior verdicts where smaller benches ruled that a presidential reference is not maintainable. The Chief Justice countered, highlighting that the President’s query warrants serious consideration regardless of earlier bench sizes.

Background of the Case

On April 12, the Supreme Court had issued an order related to Tamil Nadu’s DMK government and Governor RN Ravi, directing constitutional heads to follow a timeline for clearing bills.

The order prescribed that the President must take a decision within three months from the date of receiving a bill from the Governor, aligning with the Ministry of Home Affairs timeline.

The ruling faced pushback from President Droupadi Murmu, who questioned the constitutionality of imposing such timelines.

Current Proceedings

A five-judge Constitution Bench led by Chief Justice BR Gavai, with Justices Surya Kant, Vikram Nath, PS Narasimha, and Atul S Chandurkar, is hearing the case.

The bench has asked the Centre and state governments to submit written responses by August 12 to clarify their positions.

The hearing could clarify the powers of the President and Governors under Articles 200 and 201 of the Constitution regarding state bills.