Can Supreme Court impose timelines? Murmu asks top court
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New Delhi: President Droupadi Murmu asked the Supreme Court if its ruling setting time for Governors to act on Bills and the President should take a decision on the Bills reserved for consideration within three months is justifiable under Article 143 (1) of the Constitution. The President also sought the opinion of the top court on whether it can impose such timelines when there are no provisions for the same in the Constitution, The Indian Express reported.
It was in April that the top court set the above-mentioned time limits for governors and the president to act on bills, but Article 201 of the Constitution did not set a timeframe for the president to decide.
President Murmur asked if timelines can be imposed or if the manner of exercise of the powers of the President should be prescribed through judicial orders.
Murmu asked, “Is the exercise of constitutional discretion by the President under Article 201 of the Constitution of India justiciable? In the absence of a constitutionally prescribed timeline and the manner of exercise of powers by the President, can timelines be imposed and the manner of exercise be prescribed through judicial orders for the exercise of discretion by the President under Article 201 of the Constitution of India?” TIE quoted.
“Is the exercise of constitutional discretion by the Governor under Article 200 of the Constitution of India justiciable? Is Article 361 of the Constitution of India an absolute bar to judicial review in relation to the actions of a Governor under Article 200 of the Constitution of India? In the absence of a constitutionally prescribed time limit, and the manner of exercise of powers by the Governor, can timelines be imposed and the manner of exercise be prescribed through judicial orders for the exercise of all powers under Article 200 of the Constitution of India by the Governor?” she asked.
“Are the decisions of the Governor and the President under Article 200 and Article 201 of the Constitution of India, respectively, justiciable at a stage anterior to the law coming into force? Is it permissible for the Courts to undertake judicial adjudication over the contents of a Bill, in any manner, before it becomes law?” and “can the exercise of constitutional powers and the orders of/by the President / Governor be substituted in any manner under Article 142 of the Constitution of India?” the President also enquired.
