Supreme Court Indicates Kerala Can Withdraw Plea Against Governor's Delay in Clearing Bills
The Supreme Court indicated to the Centre that it may not be able to prevent Kerala from withdrawing its petitions against the Governor's delay in clearing crucial Bills. Kerala's counsel argued that an April 8 judgment, which prescribed a three-month deadline for the President and Governors to act on State Bills, has made their pleas infructuous. The Centre, however, opposed the withdrawal, stating that the April 8 judgment is subject to a pending Presidential Reference, which a Constitution Bench should hear to authoritatively settle the law on the apex court's power to impose timelines under Article 142.
Key Points
- The Supreme Court suggested Kerala is entitled to withdraw its petitions against the Governor for delaying Bills.
- Kerala cited an April 8 judgment setting a three-month deadline for Governors and President to act on State Bills.
- The Centre opposed withdrawal, arguing the April 8 judgment is under Presidential Reference to a Constitution Bench.
- The Presidential Reference seeks to clarify if the Supreme Court can use Article 142 to impose timelines on constitutional functionaries.
- The case is scheduled for further hearing on July 25.
Exam Facts
- Supreme Court Bench headed by Justice P.S. Narasimha.
- Article 200 and 201 of the Constitution (related to Governor/President assent to Bills).
- Article 142 of the Constitution (Supreme Court's inherent powers).
- April 8 judgment (prescribing three-month deadline for Bill assent).
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