New Delhi
The Central Government has objected to the Supreme Order to set a time limit to take a decision on the Bills of the President and the Governor. In April this year, a two -judge bench said that the governors and the President should take a decision on the bills within a fixed deadline. The bench had said that the President should not take three months to take a decision on a bill and the governors should not take more than a month. If this is not done, the court can interfere. At the same time, the Center says that if the Supreme Court interferes in this way, then constitutional chaos will be created.
Giving a written reply in the Supreme Court, the government has said that fixing such a deadline will create a constitutional crisis. Solicitor General Tushar Mehta, while replying to the court, said that the special powers that the Supreme Court has received under Article 142 also has not been given the right to amend the Constitution or take steps with the intention of defeating law manufacturers. Mehta said that in this way the dignity of the post like Governor cannot be reduced.
He said that the post of Governor or President is the top positions of the democratic system. If there is any kind of trouble, it will be handled in a political and constitutional manner. The intervention of the judiciary in this is not appropriate. He said that under Article 200, the Governor has the right to approve the bills or send it to the President.
After hearing about Tamil Nadu, the Supreme Court ruled on April 08 and said that the Governor and the President should also follow the deadline to approve the bill. After this, the Presidential Referrance was sent on behalf of the President, on which all the parties had to give written reply by August 12. President Draupadi Murmu had sent a total of 14 questions to the Supreme Court by sending Presidential References under Article 143 (1) of the Constitution.
Now a constitutional bench of the Supreme Court will hear the case on August 19, which will also include CJI BR Gavai. The court says that both sides will be given a four-day chance for debate and the hearing will be completed by 10 September. For the convenience of hearing, the Supreme Court has appointed the nodal lawyer by the Supreme Court. Misha Rohatgi will be a nodal lawyer from Kapil Sibal. On the other hand, Aman Mehta will be a nodal lawyer from Solicitor General Tushar Mehti.
The bench of Justice JB Pardiwala and Justice R. Mahadevan had said that the Governor did not have the right to stop the bills passed from the Legislative Assembly indefinitely. The bench had said that if the governor can send the Bill to the House to reconsider it. There is no option to stop the bill near re -passing the House. It cannot be hung in the name of sending to the President.
