Ranchi, Nov 20 (PTI) Jharkhand BJP on Thursday welcomed the Supreme Court’s order to the Presidential Reference on timelines to grant assent to Bills.
“We welcome the new modified order of the Supreme Court. The court’s answer in response to the Presidential Reference will play a meaningful role in ensuring balance between the legislature, the executive and the judiciary,” Jharkhand BJP spokesperson Pratul Shahdeo said.
He said the SC’s response will further strengthen the democracy.
President Droupadi Murmu had sought the opinion under Article 143(1) of the Constitution to know from the top court whether timelines could be imposed by judicial orders for exercise of discretion by the President while dealing with the Bills passed by state assemblies.
The Supreme Court on Thursday held that the court cannot impose any timelines on Governors and the President to grant assent to Bills passed by state assemblies but at the same time said Governors do not have “unfettered” powers to sit on the Bills for “perpetuity”.
In its unanimous opinion on the Presidential Reference, a five-judge Constitution bench headed by Chief Justice B R Gavai also held that “indefinite delay” by the Governors will be open to “limited judicial scrutiny” and that deemed assent of Bills cannot be granted by the apex court by using its plenary power under Article 142. Deemed assent would amount to virtual takeover of the role of a “separate constitutional authority,” it said. PTI SAN SAN RG
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