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.