Deadlines for Prez, Guv assent violate Constitution

The note filed by Solicitor General Tushar Mehta has argued that the apex court imposing fixed timelines would dissolve the delicate equilibrium that the Constitution has established and negate the rule of law

- PRESS TRUST OF INDIA

Imposing fixed timelines on governors and the president to act on bills passed by a state Assembly would amount to one organ of the government assuming powers not vested in it by the Constitution and lead to a “constitutional disorder”, the Centre has told the Supreme Court.

The Centre has said this in the written submissions filed in the Presidential Reference raising constitutional issues on whether timelines could be imposed for dealing with bills passed by a state Assembly.

“The alleged failure, inaction or error of one organ does not and cannot authorise another organ to assume powers that the Constitution has not vested in it. If any organ is permitted to arrogate to itself the functions of another on a plea of public interest or institutional dissatisfaction or even on the justification derived from the Constitution ideals, the consequence would be a constitutional disorder not envisaged by its framers,” it has said.