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Presidential Reference Day 5: SG Mehta defends Guv's role, Tamil Nadu opposes reference

The Daily Guardian

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August 29, 2025

Solicitor General Tushar Mehta on Thursday argued before the Supreme Court's Constitution Bench that the Court cannot issue a mandamus directing the President or a Governor to act within a fixed time frame or provide reasons for delays.

- SAMBHAV SHARMA

Presidential Reference Day 5: SG Mehta defends Guv's role, Tamil Nadu opposes reference

SG Mehta stressed that Article 32 does not apply in such cases, as the actions of constitutional authorities like the President and Governors are not justiciable.

Mehta also told the Bench that two more questions need clarity.

The first is whether a state can file a writ petition against the actions of the President or Governors. The second concerns the scope of Article 361, which grants them constitutional immunity.

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