SC Empowered To Issue Directive To President, Says Justice Chelameswar

JUSTIFYING the recent order of the Supreme Court demanding the President and the governors to grant assent to bills enacted by state Legislative Assembly within a time bound manner, former judge of the Supreme Court Justice Jasti Chelameswar said the apex court is empowered to issue directions to the President to do an act, on the lines of the powers to scrutinise legality of a law enacted by the Parliament.

- EXPRESS NEWS SERVICE @ Chennai

Justice Chelameswar was delivering the Rakesh Endowment lecture titled 'The 75th year of the Constitution' here on Saturday.

He said if the Supreme Court and the high courts are able to subject a law enacted by the Parliament to judicial review and declare it unconstitutional, the courts can issue directions to the persons holding high public office as well.

"We have accepted in this country that the judiciary has the authority to decide whether a legislation is consistent with the Constitution or not. If you and I sitting as judges (of the Supreme Court and the high court) can declare a legislation enacted by the Parliament to be unconstitutional, to believe that they (Supreme Court judges) have no power to direct a public office holder (President) to do a particular act, to my mind, would be constitutionally doubtful," he said.