Presidential References to SC: A Peep into the Past 75 Years

The Presidential reference to the Supreme Court (SC) on deadlines for the President and Governor over Bills has created ripples in the political arena, with Tamil Nadu Chief Minister M.K. Stalin vehemently opposing it.

- T MURUGANANDHAM @Chennai

Stalin also announced that he would be holding discussions with his peers in other states to consolidate opposition to such Presidential references.

Exercising powers under Article 143(1) of the Constitution, President Droupadi Murmu has sought clarity from the SC whether timelines could be imposed by judicial orders on President and Governors to clear state Bills.

The President rarely makes references to the SC, and during the past 75 years, at least 15 references have been made to the apex court. The last Presidential reference was made in 2016 by the then President Pranab Mukherjee relating to the imposition of President's Rule in Uttarakhand.

The topics for which the President from time to time had sought the views include the constitutionality of an existing law, the constitutionality of a Bill presented for the President's assent, issues relating to inter-state water disputes tribunal, and interpretation of constitutional provisions relating to the election of the President, among others.

Though the SC's advisory opinion under Article 143 is not binding, it carries significant weight.