Invocation of Article 143(1) by President Droupadi Murmu

President Droupadi Murmu has utilized the rarely invoked Article 143(1) of the Constitution to refer a matter to the Supreme Court concerning its order about timelines for governors and the President in granting assent to bills passed by state legislatures.

Article 143(1) of the Constitution

• Allows the President to seek the Supreme Court’s opinion on issues of legal and public importance.
• A Constitution bench will be formed to address the President’s reference.

President's Reference to the Supreme Court

President Murmu has presented 14 questions to the Supreme Court, emphasizing their critical nature and public importance, necessitating the court’s opinion.

• Inquiry into whether judicial timelines can be enforced on assent to bills.
• Questions the notion of deemed consent if timelines are not met.

Instead of seeking a review of the court's order, the government opted to invoke Article 143(1).

Key Questions Raised in the Reference

• Options available to a governor when a bill is presented under Article 200 of the Constitution.
• Whether a governor is bound by the council of ministers' advice under Article 200.
• Justiciability of the governor’s discretion under Article 200.
• Judicial review barred by Article 361 concerning a Governor’s actions under Article 200.
• Possibility of courts imposing timelines for governors under Article 200 without constitutional provisions.
• Justiciability of the President's constitutional discretion under Article 201.
• Court's ability to prescribe timelines for the President under Article 201.
• Requirement for the President to seek SC advice under Article 143 regarding bills reserved for assent.
• Justiciability of decisions under Article 200 and Article 201 before a law is enforced.
• Possibility of substituting constitutional powers of President/Governor under Article 142.
• Authorization of a bill becoming law without Governor’s assent under Article 200.
• Mandate for Supreme Court benches to decide if substantial constitutional questions arise, requiring a five-judge bench.
• Extent of SC's powers under Article 142 relating to procedural or substantive constitutional provisions.
• Constitutional bar on SC's jurisdiction to resolve Centre-state disputes other than through Article 131.