SC asks Centre, states to reply on Prez reference

The Supreme Court on Tuesday issued notices to the Union government and all states on a presidential reference seeking its opinion on whether governors and the President can be judicially bound to act within prescribed timelines on bills passed by state legislatures, indicating that detailed hearings in the matter will commence around mid-August.

- Utkarsh Anand

A five-judge Constitution bench, led by Chief Justice of India Bhushan R Gavai, passed the order while noting that the outcome of the case will have implications across the country and not just for the state of Tamil Nadu, from where the matter originally arose. “We are going to decide for everyone and not only for Tamil Nadu alone,” the bench remarked.

The bench, also comprising Justices Surya Kant, Vikram Nath, PS Narasimha and Atul S Chandurkar, listed the matter for further directions on July 29, when it will finalise the schedule for the marathon told the "We will issue notice to the Union of India and all states.

We will hear it next on July 29 to fix a timeline. Tentatively, we propose to start in mid August," said the bench. The top court also recorded its satisfaction with the presence of Attorney General R Venkataramani and Solicitor General Tushar Mehta in the matter.

Venkatramani bench he would be assisting the court, while Mehta confirmed the Union's participation. Senior advocates P Wilson, representing Tamil Nadu and KK Venugopal, appearing for Kerala raised preliminary objections to the maintainability of the reference, but the bench reiterated that the legal issues raised affect all states equally and must be addressed comprehensively.

"These questions involve interpretation of the Constitution. Issue notice to the Union of India and all the state governments through their respective chief secretaries and standing counsel," the court said in its order.