Supreme Court to hear Presidential Reference on imposing timeframe for assent to State Bills on Aug 19

The Supreme Court on Tuesday finalised the schedule for hearing the Presidential Reference that raises key constitutional questions on whether timelines can be imposed for the assent process on bills passed by state legislatures. The hearing is set to commence from 19 August.

A five-judge Constitution Bench headed by Chief Justice BR Gavai, and comprising Justices Surya Kant, Vikram Nath, P S Narasimha, and A S Chandurkar, directed the Centre and the states to file their written submissions by 12 August. The bench emphasised that all parties must adhere strictly to the schedule.

As per the directions, the bench will first hear preliminary objections raised by states including Kerala and Tamil Nadu regarding the maintainability of the Presidential Reference. This will be taken up for one hour on 19 August.

The top court stated that arguments in favour of the Presidential Reference, led by the Centre and supporting states will be heard on 19, 20, 21, and 26 August. Those opposing it will be heard on 28 August, and 2, 3, and 9 September. If any rejoinder submissions are to be made, they will be heard on 10 September.

On July 22, the court noted that the issues involved in the Presidential Reference would have implications for “the entire country.”

President Droupadi Murmu had invoked her powers under Article 143(1) of the Constitution in May to seek the apex court’s opinion on whether a specific timeframe can be imposed by judicial order for the President’s decision-making on state bills forwarded by governors.

This development followed the Supreme Court’s 8 April verdict in a case involving the Tamil Nadu government, where the role of governors in withholding or delaying assent to bills had been challenged.

In a landmark move, the court’s verdict laid down that the President should decide on bills reserved for her consideration by the governor within three months of receiving such references. It also held that governors are not vested with any discretion under Article 200 of the Constitution, and must act strictly in accordance with the advice of the council of ministers when a bill is presented for assent.

The Presidential Reference comprises a five-page document in which President Murmu has posed 14 questions to the apex court. These seek clarity on the constitutional powers of governors and the President under Articles 200 and 201, particularly in handling legislation passed by state assemblies.

The court, in its April ruling, also affirmed that state governments are entitled to approach the Supreme Court directly if the President withholds assent to a bill forwarded by the governor for consideration.