Suspense crime, Digital Desk : President Droupadi Murmu’s political concerns stem from a court ruling that imposed deadlines on the President and Governors regarding their actions on legislative bills. Her concerns focus on the court’s April ruling that allowed for judicial scrutiny of a Governor’s delay to grant assent as well as placed a three month deadline on the President’s decision making for referred bills.
Judicial Overreach on Constitutional Questions Is President Murmu’s Focus Mkuu
Discussing the case between the Tamil Nadu government and its Governor, President Murmu wondered how the judiciary could impose deadlines when the Constitution itself does not provide prescribed timelines. She underscored that in Articles 200 and 201, there is no constraint or defined method for granting assent.
Times of India cites these as 14 principal agitations:
What powers does a Governor have in relation to a bill under Article 200?
Is the Governor obliged to act in accordance with the advice of the Council of Ministers?
Is the discretion of the Governor judicially reviewable in Article 200?
Does Article 361 immunize all decisions of the Governor from the courts?
Can any court fix deadlines for Governors without constitutional justification?
Is the presidential discretion to act under Article 201 open to judicial review?
Are court imposed deadlines applicable to the President?
Is the invocation of Article 143 by the President to consult the Supreme Court on reserved bills necessary?
Can judicial intervention occur before a bill is promulgated into law?
Is the authority of Article 142 to set aside decisions of the President or the Governor?
Can a state bill be enacted without the Governor's assent?
Is there no constitution bench which shall have the sole authority to interpret a provision under 145(3)?
Can constitutional power 142 be restricted by constitutional text and laws?
Are disputes between the states and the Centre not governed by Article 131?
Rebuttal on Discretion on Assent
Pointing the discretion involved under Articles 200 and 201, President Murmu iterated that these include federalism with respect to composite laws, security of the nation, and division of powers.
Due to ongoing conflicting judgments on this issue, she also invoked Article 143(1) to seek the Supreme Court’s opinion.
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