SC says the President should consult under Article 143 when Governors reserve bills over constitutional concerns to ensure proper legal scrutiny.
PRESIDENT SHOULD CONSULT SC WHEN BILLS SEEM UNCONSTITUTIONAL
Case in News
The Supreme Court of India says the President should consult SC on reserved bills under Article 143 of the Indian Constitution.
Case Overview
Case Name: THE STATE OF TAMIL NADU vs THE GOVERNOR OF TAMIL NADU AND ANR
The Supreme Court of India in this case addressed concerns over the constitutional process when a Governor reserves a state bill for the assent of the President . A bench comprising Justice JB Pardiwala and Justice R Mahadevan stated that if a bill is reserved on the grounds of unconstitutionality it would be prudent for the President to seek the advice of the Supreme Court under Article 143 of the Indian Constitution.
Key Aspects
- Governor of Tamil Nadu reserved state bills claiming potential unconstitutionality.
- The delay and lack of transparency raised questions about the constitutional process .
- Issue: Whether the President must seek the opinion of the Supreme Court of India under Article 143 of the Indian Constitution on such reserved bills.
Legal Insights
- Article 143 of the Constitution: Empowers the President to seek advisory opinion from the Supreme Court of India .
- Article 200: Permits the Governor to reserve bills for the consideration of the President.
- The Sarkaria Commission and Punchhi Commission before recommended such SC consultations.
- Judicial review is the exclusive domain of constitutional courts and not the executive.
Court’s Verdict
The bench held that although not mandatory the President ought to consult the Supreme Court of India under Article 143 of the Indian Constitution when the constitutionality of the bill is in doubt. This sees judicial scrutiny, saves public resources and avoids misuse of executive powers. The Supreme Court stressed that the President should give cogent reasons if choosing to differ from the opinion of the SC.
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