New Delhi, May 15 (H.S.): President Droupadi Murmu has sought clarification from the Supreme Court regarding the implementation of a time limit for state government bills' approval. The President has sent a 14-point Presidential Reference to the Supreme Court under Article 143 of the Constitution.

The Presidential Reference states whether the Supreme Court can set a three-month deadline for the President to decide on a bill reserved for him by the Governor under Article 201, even when there is no constitutionally mandated timeframe. The reference sent to the Supreme Court under Article 143 seeks clarity on the constitutional options available to the Governor when a bill is presented before him under Article 200.

Broadly, the Presidential Reference asks whether judicial orders can determine how and when the President and Governors should act under Articles 200 (which includes the process of granting assent to state bills by Governors) and 201 (when bills are reserved for the President's approval by Governors).

The Presidential Reference also states that there were conflicting judgments from the Supreme Court regarding whether presidential assent under Article 201 is justified. The Reference seeks the Supreme Court's opinion on the framework and scope of Article 142 of the Constitution. This Presidential Reference was issued on May 13, which was the last working day for Justice Sanjiv Khanna as the Chief Justice of India. Now, the responsibility of forming a constitutional bench to respond to the President's reference will fall on the current Chief Justice, B.R. Gavai.

The President's decision to seek clarity stems from a judgment by the Supreme Court bench of Justice J.B. Pardiwala and Justice R. Mahadevan on April 8, which arose from a petition filed by the Tamil Nadu government. This judgment challenged the delay in approving 10 re-passed bills by the Governor and the action of keeping them reserved for consideration by the President. The judgment declared these steps unconstitutional and used Article 142 to set a timeline for the President and Governors to act on state bills.

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Hindusthan Samachar / Jun Sarkar