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The Hindu
2 days ago
- Politics
- The Hindu
Supreme Court fixes Presidential Reference hearing from August 19, to first hear T.N. and Kerala on maintainability
The Supreme Court on Tuesday (July 29, 2025) agreed to hear first a simultaneous challenge raised by Tamil Nadu and Kerala against the maintainability of a Presidential Reference questioning the power of the Court to draw timelines for the President and State Governors while dealing with State Bills sent for approval. Supreme Court hearing on Presidential Reference highlights on July 29, 2025 A Constitution Bench headed by Chief Justice of India B.R. Gavai said the hearing on the Reference would kick off on August 19 with the two States, variously represented by senior advocates K.K. Venugopal, A.M. Singhvi and P. Wilson, getting an hour to convince the Court to return the Reference unanswered. Mr. Venugopal, appearing for Kerala, said the Bench must hear the States on the question of maintainability of the Reference before the Union Government began its submissions in support of the presidential questions. 'A preliminary hearing should be held on the maintainability of the Reference. This should be done first,' Mr. Venugopal pressed. Attorney General of India R. Venkataramani intervened graciously, saying the States must get their 'full say', after which he would respond on the question of maintainability and continue with his submissions on behalf of the Reference. The Bench, also comprising Justices Surya Kant, Vikram Nath, P.S. Narasimha and Atul Chandurkar, asked the parties to file their respective written submissions on or prior to August 12. The Union Government would be heard on August 19, 20, 21, 26. The opposing parties would submit their response on August 28 and September 2, 3 and 9. The Union Government would then rebut on September 10. 'Timelines must be followed scrupulously,' the Chief Justice told the lawyers. The Bench said no lawyer, except Mr. Venugopal, would be allowed to appear online. Mr. Mehta supported wholeheartedly, says the distinguished counsel was 'sui generis' (unique). The States of Tamil Nadu and Kerala has urged the Court to dismiss the Presidential Reference, arguing it was really an 'appeal in disguise'. Kerala, represented by senior advocate K.K. Venugopal and C.K. Sasi, said the President could only refer questions to the Supreme Court under its advisory jurisdiction of Article 143 of the Constitution if they had not been decided by the Supreme Court. Quoting judicial precedents, including the 1993 Reference in the Cauvery Water Disputes Tribunal, the State said powers of the Governors and the President under Article 200 and 201 of the Constitution have been the subject of three separate authoritative judgments in the cases filed by the States of Telangana, Punjab and, finally, Tamil Nadu on April 8. The State pointed out that the Tamil Nadu Governor case judgment authored by Justice J.B. Pardiwala on April 8 had already addressed in detail the questions raised in the Presidential Reference in May. 'When the Supreme Court in its adjudicatory jurisdiction pronounces its authoritative opinion on a question of law, it cannot be said that there is any doubt about the question of law or the same is res integra so as to require the President to know what the true position of law on the question is. The decision of this Court on a question of law is binding on all courts and authorities. Hence, the President can refer a question of law only when this Court has not decided it,' Kerala submitted. If the government wanted to challenge the April 8 judgment, it should have filed a review or a curative petition in the Supreme Court, and not take the route of Presidential Reference, Kerala has contended.
The Hindu
3 days ago
- Politics
- The Hindu
President reference ‘misleading', wants SC to sit on appeal against its own verdict in TN Governor case: Kerala to SC
The State of Kerala on Monday (July 28, 2025) urged the Supreme Court to dismiss the Presidential Reference seeking clarity on whether judiciary can fix timelines for the President and State Governors to clear State Bills, saying it is a ruse to make the apex court sit in appeal of its own authoritative pronouncement in the Tamil Nadu Governor case. The Constitution, the State said, does not allow the apex court to sit in appeal of its own judgments, nor can the President vest appellate jurisdiction in the court through a Presidential Reference. The State said the Reference was 'misleading' and 'suppressed facts'. Kerala, represented by senior advocate K.K. Venugopal and C.K. Sasi, said the President can only refer questions to the Supreme Court under its advisory jurisdiction of Article 143 of the Constitution if they had not been decided by the apex court. Quoting judicial precedents, including the 1993 Reference in the Cauvery Water Disputes Tribunal, the State said powers of the Governors and the President under Article 200 and 201 of the Constitution have been the subject of three separate authoritative judgments in the cases filed by the States of Telangana, Punjab and, finally, Tamil Nadu on April 8. 'When the Supreme Court in its adjudicatory jurisdiction pronounces its authoritative opinion on a question of law, it cannot be said that there is any doubt about the question of law or the same is res integra so as to require the President to know what the true position of law on the question is. The decision of this court on a question of law is binding on all courts and authorities. Hence, the President can refer a question of law only when this court has not decided it,' Kerala submitted. The State pointed out that the Tamil Nadu Governor case judgment authored by Justice J.B. Pardiwala on April 8 has already addressed in detail the questions raised in the Presidential Reference in May. If the government wanted to challenge the April 8 judgment, it should have filed a review or a curative petition in the apex court, and not take the route of Presidential Reference, Kerala said. The State argued the very fact the government has not sought a review of the April 8 judgment, establishing it as settled law. 'The Union of India has not filed any review or curative petition against the judgment delivered by the court in the Tamil Nadu case, and has thus accepted the judgment…The judgment, having not been assailed or set aside in any validly constituted proceedings, has attained finality and is binding on all concerned under Article 141, and cannot be challenged obliquely in collateral proceedings such as in the instant reference. The President and the Council of Ministers have to act in aid of the Supreme Court under Article 144 of the Constitution,' the State of Kerala reasoned. EOM
The Hindu
6 days ago
- Politics
- The Hindu
Supreme Court allows Kerala to withdraw plea against Governor, Centre resists
The Supreme Court on Friday (July 25, 2025) allowed the State of Kerala to withdraw two petitions filed against its State Governor's delay in clearing crucial Bills despite stiff resistance from the Centre. Appearing before a Bench headed by Justice P.S. Narasimha, Attorney General R. Venkataramani said the State was withdrawing on the strength of an April 8 judgment in an identical case concerning the Tamil Nadu Governor. 'This is not just a simple withdrawal,' Mr. Venkataramani addressed the court. Solicitor General Tushar Mehta asked the court to tag the Kerala petitions against its Governor with a Presidential Reference pending before a Constitution Bench. The April 8 judgment has prescribed a maximum three-month deadline for both the President and State Governors to act on State Bills sent to them for approval or reserved for consideration under Articles 200 and 201, respectively, of the Constitution. In May, the President had issued a reference under the advisory jurisdiction of the Supreme Court (Article 143 of the Constitution), questioning the court's inherent powers under Article 142 to 'impose' timelines and prescribe the manner of conduct of Governors and the President while dealing with State Bills. 'How can a withdrawal of a petition be tagged with a Presidential Reference before a Constitution Bench?' Senior advocate K.K. Venugopal reacted. The senior lawyer said the State was entitled to withdraw its case. 'But there is a string attached to the April 8 judgment,' Mr. Venkataramani insisted. 'No strings attached... The string is cut,' Mr. Venugopal said. In an earlier hearing on July 14, Mr. Venugopal had submitted that the April judgment had made the State's petitions infructuous. The law officers had countered the apex court ought to wait for the Constitution Bench's respomses to questioms raised in the Presidential Reference. However, Justice Narasimha had himself remarked that it would be 'very, very difficult' for the apex court to stop Kerala from withdrawing its petitions.
The Hindu
22-07-2025
- Politics
- The Hindu
Presidential reference hearing: Supreme Court to issue notices to Union, State Govts; hearing in mid-August
A Constitution Bench of the Supreme Court led by Chief Justice of India (CJI) B.R. Gavai on Tuesday (July 22, 2025) said the Court will issue notice to the Union Government and all the State Governments on the hearing of presidential reference. Presidential reference hearing live The hearing is on a presidential reference on whether the Court can 'impose' timelines and prescribe the manner of conduct of Governors and the President while dealing with State Bills sent to them for assent or reserved for consideration. The Bench comprising Chief Justice of India B.R. Gavai, and Justices Surya Kant, Vikram Nath, P.S. Narasimha and A.S. Chandurkar said they will hear the matter in mid-August. CJI Gavai said they are keeping all the questions open. P. Wilson, who is appearing for the State of Tamil Nadu, said all questions are covered in the April 8 Tamil Nadu Governor judgment. K.K. Venugopal who is appearing for the State of Kerala, questioned the maintainability of the presidential reference. The Supreme Court recorded the Attorney General of India's agreement to assist the Court. Mr. Wilson also said the State of Tamil Nadu will also question the maintainability of the State. Before the Constitution Bench rose, CJI Gavai said the Supreme Court is concerned with the country, adding that the Court will answer the questions raised by the President.
The Hindu
22-07-2025
- Politics
- The Hindu
Presidential reference LIVE: Supreme Court to hear Presidential reference on President, Governor's powers
A Constitution Bench of the Supreme Court will hear today (July 22, 2025), a Presidential reference on whether the court can 'impose' timelines and prescribe the manner of conduct of Governors and the President while dealing with State Bills sent to them for assent or reserved for consideration. Also Read | Experts debate whether Presidential Reference is a ploy to bypass judicial review The Bench comprising Chief Justice of India B.R. Gavai, and Justices Surya Kant, Vikram Nath, P.S. Narasimha, and A.S. Chandurkar will hear the matter. The Presidential reference has asked whether judicial orders can dictate by what time and in what manner the President and Governors should function under Articles 200 (which covers the process of grant of assent by Governors to State Bills), and 201 (when Bills are reserved by Governors for Presidential assent) of the Constitution. Also Read | Tamil Nadu Governor case: Supreme Court recalls first President's power struggle over Hindu Code Bill The President has sought clarity from the top court after its verdict in a petition filed by the Tamil Nadu government challenging the State Governor's delay in clearing 10 re-passed Bills and his subsequent action to reserve them for consideration by the President. The court had ruled that the Governor's action was illegal. Follow LIVE updates here:
