TN Government challenges Presidential Reference in SC, calls it ‘headless and devoid of merits'
The state also referred to the Court's opinion in Ahmedabad St. Xavier's College Society vs. State of Gujarat (1974), which held that an opinion rendered by this Court in a Presidential Reference under Article 143 of the Constitution is advisory in nature and not binding in subsequent cases, although it carries great persuasive value.
'Therefore, the present Presidential Reference is headless and devoid of merit,' the TN government submitted.
It further stated that the reference no longer raised any legitimate substantial questions of law warranting the Court's opinion.
Earlier on 22 July, the Supreme Court had agreed to examine President Droupadi Murmu's reference containing 14 questions concerning the timelines prescribed by the Court to State Governors and the President while dealing with bills passed by the Assembly.
The Constitution Bench headed by CJI Chandrachud, during a brief hearing on 22 July, issued notice to the Centre and all states, seeking their detailed responses by 29 July on the Presidential Reference, which asked whether timelines could be imposed for dealing with bills passed by the Assembly. The matter has been listed for further hearing on 29 August.
The CJI-led bench also made it clear that the Court would seek the help and assistance of the Attorney General (AG), the Centre's top law officer, R. Venkataramani, in the matter.
The apex court also said it would examine whether the exercise of discretion by Governors and the President on bills can be subjected to judicially enforceable timelines.
Earlier, on 8 April, a two-judge bench of the Supreme Court comprising Justices J. B. Pardiwala and R. Mahadevan, while hearing the case of State of Tamil Nadu vs. Governor of Tamil Nadu, held that a Governor must act within three months if withholding assent or reserving a bill, and within one month when a bill is re-enacted.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
6 minutes ago
- The Hindu
Judges can bring ‘great deal' of experience to legislative bodies: former CJI Chandrachud
Judges can bring a 'great deal' of experience to legislative office, and a part of the reason why judges cannot take up appointments is because of a hype, said former Chief Justice of India D.Y. Chandrachud at an event in Mumbai. He further said that former judges can bring a lot to the table in places like tribunals. On the judicial independence of such appointments, he said that it was a combination of the Constitution, active participation of citizens in the adjudicatory process, the critique of an independent media, and civil society which is constantly keeping a watch, and how judges behave and perform. 'We have had some exceptional individuals who occupied those offices as well, people who have done remarkably well in those offices. In fact, I believe that there's a great deal of experience which judges can bring to, say, the legislative bodies,' he said while speaking at the launch of Congress leader Shashi Tharoor's book Our Living Constitution on Saturday (August 2, 2025). When Mr. Tharoor was asked about who would fill the vacant seat of Vice-President, he said it would probably be from the ruling coalition as they had the majority. 'Honestly, there's no clue. The government has given no clue. But the fact is that it will be somebody nominated by the ruling party because they have a comfortable majority. Unlike the President, where all the State assemblies also vote,' he said. The duo spoke about a range of other issues like One Nation One Election (ONOE) and reservation among other topics. The event was organised by India's International Movement to Unite Nations (IIMUN), an organisation that conducts MUNs and mock parliaments.
The Print
6 minutes ago
- The Print
My statement on terrorism and religion deliberately misinterpreted: Prithviraj Chavan
'Everyone has the right to protest, but the real issue must be understood. The National Investigation Agency (NIA) is a central agency. The probe into the 2008 blast case has been ongoing since 2014. The court has ruled there was a blast, but did not identify the perpetrators due to lack of sufficient evidence,' he said. Chavan was speaking at a press conference after the Shiv Sena earlier in the day protested against his comments after the seven accused in the 2008 Malegaon blast case were acquitted by a Mumbai court two days ago. Karad, Aug 2 (PTI) Senior Congress leader and former Maharashtra Chief Minister Prithviraj Chavan on Saturday said his recent remark that 'terrorism has no caste, religion or colour' was deliberately misinterpreted for political gain. His statement was distorted to divert attention from core issues and create a political controversy, Chavan said. 'My words were twisted. I had said terrorism knows no religion, yet it was used to play politics,' he added. Chavan also questioned the government's failure to bring the culprits of the 2008 Malegaon blast to justice, stating, 'This was a serious terror act. Innocent lives were lost. If there is concrete evidence, punishment should be delivered. If not, why is the system failing to deliver justice?' The case, initially probed by the Anti-Terrorism Squad of Maharashtra Police, was later transferred to the National Investigation Agency, he said. 'Despite years of investigation, the real perpetrators remain unidentified. There is a need to investigate whether political pressure influenced the probe,' he said. Criticising the BJP-led state government, Chavan said, 'Industrial investment is declining in Maharashtra. In Beed, an extortion-related murder occurred over failure to pay Rs 2 crore. Even in Pune, industries are facing extortion threats.' He further claimed that extortion activities were flourishing under political patronage. 'Only the Chief Minister and Deputy CM can effectively act against such elements. No gangster can operate fearlessly without political backing,' he said. In his reaction to the judgement in the Malegaon blast case on Thursday, Chavan had said he was against the use of the term 'saffron terror' as saffron is the colour of Chhatrapati Shivaji Maharaj's flag and Warkari sect. While the BJP and several right-wing outfits latched on to the verdict to slam the Congress for allegedly coining the term 'bhagwa aatankwad' or saffron terror, Chavan had asserted that 'a terrorist who kills innocent persons has no religion'. On the use of the 'Hindu terror' term with regard to the Malegaon blast and the ensuing trial, Chavan had asked which religion the accused belonged to. 'The first act of terror was the murder of Mahatma Gandhi. Which religion did (the Mahatma's assassin) Nathuram Godse belong to,' the senior Congress leader had questioned. PTI MR KRK This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
The Hindu
6 minutes ago
- The Hindu
Access to safe, well-maintained roads a part of right to life: Supreme Court judgment
The Supreme Court has clarified that access to safe, motorable and well-maintained roads is an essential part of the fundamental right to life under the Constitution. A Bench of Justices J.B. Pardiwala and R. Mahadevan held the right to travel to any part of the country was a basic right. 'Since the right to access any part of the country, with certain exceptions and restrictions under certain circumstances, is a fundamental right guaranteed under Article 19(1)(g) of the Constitution, the right to safe, well-maintained, and motorable roads is recognised as a part of the right to life under Article 21 of the Constitution of India,' Justice Mahadevan, who authored the recent judgment, observed. The Court said the maintenance of roads was squarely the responsibility of the State. 'It is the responsibility of the State to develop and maintain the roads directly under its control,' the court noted. The judgment was based on an appeal filed by Umri Pooph Pratappur (UPP) Tollways Private Limited against the Madhya Pradesh Road Development Corporation Limited (MPRDC). The dispute appeal was against a State High Court decision on a concession agreement between the two entities for the development of the Umri-Pooph-Pratappur Road on a 'Build, Operate and Transfer' basis. The total cost of the project was ₹73.68 crore for the augmentation of the existing road from the T-Junction of State Highway 45 at Umari Village to 43.775 km on the Umri-Pooph-Pratappur section of Major District Road in the State.
