The government has warned the President and the governors against imposing a time-limit to approve the bills. The central government warned that this could cause constitutional chaos in the country. A bench of Justice JB Pardiwala and Justice R. Mahadevan in April had set a time limit of three months for the President for approval for the Bills and a month-limit for the governors to approve the Bills passed by the legislature.
‘Supreme Court cannot amend the constitution’
The Central Government said in a written request filed in the Supreme Court that it is such that the time-limit is to grab those powers by any part of the government, which are not contained in it. This can deteriorate the separation of the powers mentioned in the Constitution. The government warned that this would create constitutional chaos. Solicitor General Tushar Mehta said in his request, “Despite its extraordinary powers vested in Article 142, the Supreme Court cannot amend the Constitution or fail the intention of the constitution makers.”
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‘Subordinate behavior from high positions like Governor is not good’
Tushar Mehta admitted that there are some limited problems in implementation in the current process, but this does not mean that people sitting in high positions like the governor be treated as subordinated. Mehta said that the posts of Governor and President are politically complete and represent the high ideals of democratic administration. He said that any alleged lapse should be resolved through political and constitutional mechanisms and not through unwanted judicial intervention.
The Supreme Court gave suggestions in one of its decisions in April
In its judgment on the Tamil Nadu government’s plea against the Governor, the Supreme Court advised that the President should take a decision on the pending bills sent by the governors within three months. The Supreme Court suggested in the judgment given 8 April, saying that ‘we advise that the President is required to take a decision on the bills sent by the Governor within three months.’ The bench said that if there is a delay of more than this deadline, appropriate reasons have to be given and the concerned state will have to be informed about it. States should also be cooperative and cooperate by answering the questions being raised about the bill and consider the suggestions made by the central government fast. There was a lot of controversy on this and President Draupadi Murmu raised 14 questions from the Supreme Court.
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