SC issues notice to Centre, states on president's reference about timelines for assent to bills
The notice was issued by a constitution bench comprising Chief Justice BR Gavai and Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar. The matter concerning the appearances of the respondents will be heard on July 29.
'Tentatively, we propose to start [the hearing] somewhere in mid-August,' The Indian Express quoted Gavai as saying.
In May, Murmu made the reference to the court under Article 143(1) of the Constitution with regard to its April 8 ruling.
Article 143(1) allows the president to ask for the opinion and the advice of the court on matters of legal and public importance. In light of the reference, the court will have to set up a Constitution bench to provide answers.
The ruling on April 8 had come on a petition filed by the Tamil Nadu government after Governor RN Ravi did not act on several bills for more than three years before rejecting them and sending some to the president.
In its judgement, the court held that governors must decide on bills within a reasonable time and cannot delay indefinitely under Article 200. Similarly, it said that the president must act within three months under Article 201, and any delay beyond that must be explained and communicated to the state government.
Both sections outline the process of assent to bills by governors and the president.
The judgement had also introduced the concept of ' deemed assent ' in cases of prolonged inaction by the governor or president, allowing pending bills to be considered approved, Bar and Bench reported.
Referencing the 14 questions, Murmu had asked whether the actions of governors and the president could be tried in court, and whether such timelines could be imposed on them in the absence of such provision in law.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
22 minutes ago
- Indian Express
Kanwariyas have their right to choose. But eatery owners also have their right to privacy
The Supreme Court, on July 22, in a significant turn, refused to intervene and probe into the legality of the directives issued by the Uttar Pradesh and Uttarakhand governments mandating the owners of eateries along the route of the Kanwar Yatra to display QR codes with details of their names, types of food served, license and registration certificates. The Uttar Pradesh government claimed that the idea behind this directive was to ensure transparency and uphold the choice of the Kanwariyas to abstain from consuming certain food during the yatra. This is a departure from the SC's earlier stand on this issue. In 2024, the SC had placed an interim stay prohibiting the enforcement of a similar directive and stated that the eateries along the Kanwar yatra route may be required to display the kind of food being served but they should not be forced to display the name or identity of the owners. However, on Tuesday, the SC found this petition infructuous, given that the yatra is over, and directed the petitioners to approach the High Court for a detailed order on the merits of the directive. This is a constitutional quagmire impacting not only the right to privacy of the owners of the eateries, but also affecting the very tenets of secularism. The imminent threat of police action could also provoke an infringement of Fundamental Rights guaranteed under Article 14, 15(1), 17 and 19(1)(g) of the Constitution. The major question rests on the touchstone of the guidelines laid down in KS Puttaswamy vs Union of India regarding the right to privacy. The guidelines state that every state action impacting an individual's right to privacy must satisfy the tests of proportionality, necessity, legitimate aim and suitability. This, in the context of Article 21, means that an invasion of privacy must be justified based on a law that stipulates a procedure that is fair, just, and reasonable. An invasion of life or personal liberty must also meet the threefold requirement of (i) legality, which postulates the existence of a statute; (ii) need, defined in terms of a state's legitimate aim; and (iii) proportionality, which ensures a rational nexus between the objects and the means adopted to achieve them. However, in this case, the state action does not seem to have qualified any of the aforementioned requirements. Firstly, as rightly argued by several petitioners in this case, the directive was neither authorised by a statute nor was it proportionate or necessary to achieve its slated objectives. As argued by the petitioners, if the slated purpose of the directive was to ensure that the Kanwariyas have access to pure vegetarian food along the route of the yatra, then the mandate to disclose the names of the eatery owners has no bearing, if all eateries are anyway serving pure vegetarian food as per their dietary requirements. Lastly, the names of the owners of these eateries are an inevitable marker of their caste and religious identities, and a mandate for the disclosure of these details by state action is violative of their fundamental right to privacy under Article 21. This particular case called for a balancing act by the SC, to maintain the crucial equilibrium between the consumer's right to know (for religious sentiments), vis-a-vis the right of the eatery owners to maintain their privacy. The impact of the Court's order refusing to intervene with the QR code requirement shall stand out as a case wherein the customer's right to know trumped the fundamental right to privacy of the eatery owners. If a balancing act between competing rights is not adequately performed by the constitutional courts, it may affect the constitutional ethos. The constitutionality of such directives must be tested by the existing legal provisions. The writer is a research fellow at Vidhi Centre for Legal Policy
Indian Express
22 minutes ago
- Indian Express
NEET-UG 2025: SC declines to allow counselling for candidates seeking retest
The Supreme Court on Wednesday refused to grant its provisional nod for appearing in counselling of NEET-UG-2025 to two candidates, who faced a power outage in their examination centres in Madhya Pradesh. A bench of Justices P S Narasimha and A S Chandurkar, however, listed petitions of Navya Nayak and S Sai Priya for further hearing on July 25. The candidates have challenged the July 14 order of the Madhya Pradesh High Court refusing to order a re-test for them. The counsel for the petitioners submitted that a notification was issued for the counselling and sought provisional permission to participate in it. Solicitor General Tushar Mehta, appearing for the National Testing Agency, said one of the prayers in both the petitions for a re-test couldn't be allowed as it would affect lakhs of students, who wrote the examination. The bench declined to issue interim directions and deferred the hearing. On July 16, the top court agreed to hear the plea of the candidates who appeared in the examination and suffered a power outage in certain centres. A single judge of the high court directed the National Testing Agency to conduct retest of the NEET-UG-2025 examination for candidates affected by power outage at certain centres in Indore and Ujjain of the state. The division bench of the high court, however, set aside the single judge order on the plea of the National Testing Agency but cautioned against any recurrence in future. It took note of an expert panel report opining that though there was power outage at some centres, there was natural light to enable candidates to write the test.
&w=3840&q=100)
Business Standard
22 minutes ago
- Business Standard
President Murmu urges MES officers to adopt green tech, build smart
As emerging leaders in the field of military construction, young Military Engineer Services (MES) officers have a crucial responsibility "not only to build but to build with responsibility", President Droupadi Murmu said on Wednesday. The MES plays a vital role in strengthening the operational readiness of the country's armed forces, she said. "By providing comprehensive engineering support, MES ensures that our troops are equipped with world-class infrastructure and facilities, enabling them to remain mission-ready under all conditions," Murmu said, addressing a group of MES probationers, who had called on her at the Rashtrapati Bhavan here. Murmu further called on the officers to focus on adopting renewable energy sources to promote sustainable development and reduce the carbon footprint of defence infrastructure. The President noted that MES is actively promoting the use of indigenous materials and technologies under the Make in India initiative, aligned with the national vision of Atmanirbhar Bharat. "This supports local industries and also strengthens the domestic defence ecosystem. MES must also become a pioneer in technological innovation. Integrating advanced tools such as Building Information Modelling (BIM), drone surveillance, and the use of Artificial Intelligence and Machine Learning for predictive maintenance and project planning will enhance precision and effectiveness," Murmu said. Addressing the probationers of Indian Defence Estates Service officers, who had also called on the President, she said the integration of digital solutions is a necessity in this era of rapid technological transformation. "It is your duty to stay abreast of the technological advancements and apply them in your functioning. Artificial Intelligence, drone-based land surveys, satellite imagery, and blockchain for property record maintenance are no longer futuristic concepts; they are becoming part of governance," the President said. Murmu asked them to embrace green practices in infrastructure development, adopt renewable energy solutions, reduce wastage, and ensure water conservation in cantonments. "By combining technical expertise with innovation, you have the opportunity to make the Defence Estates a model of sustainable and smart urban management. But by far the most important element for your job is a sense of service," she said. A group of probationers of the Central Water Engineering Service also met the President. "Water resources management has always been a challenging task. Your contribution towards water infrastructure development by providing engineering solutions will make the country more resilient against natural and man-made water crises," she said. The sustainable development of water resources and efficient management of water is key to water security and growth, especially in the wake of changing climatic trends, Murmu stated. "Therefore, you are expected to play a key role in adopting a holistic approach to address the existing and upcoming challenges," she added. The President highlighted that by providing clean water and promoting water conservation, India can improve public health, boost agricultural productivity, and ensure sustainable use of natural resources. Effective water management can play a significant role in securing a resilient future for generations to come, she noted. "I am confident that you will always uphold the highest ideals of public service and work tirelessly to build a stronger, inclusive, and more prosperous India. I wish you all a bright future," the President stated. (Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
