SC Likely to Take Up Presidential Reference Next Week

The Supreme Court is likely to take up the presidential reference on the timeline for gubernatorial and presidential assent to state bills as early as next week, even as an internal debate has emerged over whether the matter must be placed directly before a Constitution bench or if a three-judge bench may first hear it and issue preliminary notices.

- Utkarsh Anand

People familiar with the development said that the court registry has been asked to examine previous Article 143 references to determine if even initial hearings were conducted by benches of at least five judges, or if smaller benches issued notices before the matters were escalated to Constitution benches.

One of the people cited above said: "The case will eventually go to a Constitution bench, and that is settled. The only issue being considered is whether notices to the attorney general, solicitor general, and all states can be issued by a three-judge bench initially, or must it be done solely by a five-judge bench." This person pointed out that there is a view that since the advisory jurisdiction under Article 143 involves a substantial question of law, a five-judge bench must hear the matter from the outset.

The procedural dilemma arises even as President Droupadi Murmu, in a rare move invoking Article 143 of the Constitution, has sought the Supreme Court's advisory opinion on 14 complex legal questions following the court's April 8 judgment that laid down timelines for governors and the President to act on state bills.

The reference, filed on May 13, asked the court to clarify whether the President and governors must follow judicially prescribed timelines despite the Constitution being silent on such timeframes, and whether such executive actions are justiciable before the courts prior to a bill becoming law.