Hearing has started in the Supreme Court on the issue of tying the President and the Governor to take decisions on the Bills. The Constitution Bench of 5 judges headed by the Chief Justice has to reply in this regard by considering the Presidential Reference sent by the President. Inaugurating the debate, Attorney General R Venkarmani said that the Supreme Court cannot write the Constitution afresh.
What is the matter?
In April this year, a bench of 2 judges of the Supreme Court approved 10 Bills of the Tamil Nadu government pending with the Governor and the President. The court had also set a time limit for the decision of the Governor or the President. The court had said that if he does not take the decision in the stipulated time, the state government can come to the court.
Hearing of 5 judges
The President had sent 14 questions to the Supreme Court regarding this decision of the Supreme Court. Chief Justice BR Gawai has constituted a 5-judge bench for hearing them, the rest of its members are- Justice Surya Kant, Justice Vikram Nath, Justice PS Narasimha and Justice AS Chandurkar.
Demand to return reference without thought
The Supreme Court first gave one hour of time lawyers from Tamil Nadu and Kerala. Both states are demanding that the Presidential References be returned without consideration. Senior advocate KK Venugopal from Kerala and Abhishek Manoj Singhvi from Tamil Nadu presented the side. Both said that a bench of the Supreme Court has given a decision on the Bills. The central government is trying to replace it indirectly through the Presidential References, so the Supreme Court should return the idea.
The judges did not agree
The bench of 5 judges did not agree with the talk of both senior lawyers. The Chief Justice said, ‘When the respected President has asked us some questions, we will have to answer them, but it is clear that we are answering legal questions. They are not talking about changing any old decision.
Constitution cannot write again
The discussion on the Presidential Reference is usually beginning the Attorney General of the country. This time the same thing happened. Attorney General R Venkatarmani started the debate and said that the Supreme Court cannot write the constitution again. While supporting him, Solicitor General Tushar Mehta said that earlier the constitution was providing a provision to tie the President and the Governor within the time limit, but Dr. Ambedkar had advocated to remove him.
Important court question
The bench member Justice Narasimha stopped the Solicitor General and said, ‘The Supreme Court had to intervene in the Tamil Nadu case. After all, what to do if the governor stops MLAs for a long time? To this, Tushar Mehta replied, ‘This concern is justified, but not necessarily everything is resolved with the Supreme Court. The power to intervene in the jurisdiction of the President and the Governor has not given the power to the Constitution.