Supreme Court
The recent Supreme Court ruling on setting deadlines on the Governor and the President to act upon state Bills has generated a fiery controversy. President Droupadi Murmu has also made her opinion known regarding the issue, raising questions about the authority of the Supreme Court in handing down such a ruling when the Constitution itself has no provisions for it. But the question still remains: can the Supreme Court overrule the Constitution?
The top court bench of Justices J B Pardiwala and R Mahadevan granted judicial interference when Governors induce unwarranted delay in signing legislative bills into law. The court further added that the President is required to act within three months on bills sent by Governors. President Murmu has raised questions over the jurisdiction of the Supreme Court in setting deadlines on the President and Governors.
President Murmu has raised a few queries regarding the Supreme Court's judgments on imposing timeframes for President and Governors' nod for Bills. She has questioned whether the Supreme Court can substitute the President/Governor's authority under the Constitution with that of the Supreme Court under Article 142. She has also raised doubts whether states are misusing the "plenary power" of the Supreme Court against the Centre.
The President also questioned the constitutional options available to a Governor where a Bill is placed before him under Article 200 of the Constitution. Under this article, the Governor can assent to a Bill, withhold assent, or reserve the Bill to be considered by the President.
The judgment of the Supreme Court has far-reaching implications for Centre-states relations. If the Supreme Court can dictate timelines to the President and Governors, it will be able to disrupt the power balance between the various departments of government.
The argument for and against the Supreme Court having the right to impose deadlines on the President and Governors illustrates the intricacies of India's constitutional system. As the President and the Supreme Court go about sorting out this issue, there is one thing certain: the Constitution is the final word, and any efforts to overrule it could have dramatic implications.
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