What Made The President of India Seek Help From The Supreme Court?
- ByAnup Dey
- 15 Apr, 2025
- 0 Comments
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In a landmark judgment, the Supreme Court emphasized the importance of involving the judiciary when constitutional concerns arise over State bills. When a Governor reserves a bill for the President's assent citing unconstitutionality, the President should prudently seek the Supreme Court’s advisory opinion under Article 143 of the Constitution. A bench led by Justices JB Pardiwala and R Mahadevan noted that constitutional courts alone are empowered to interpret legality. The Court highlighted that this step would ensure judicial scrutiny, protect democratic values, and prevent misuse of power. It also cited recommendations from the Sarkaria and Punchhi Commissions advocating such referrals. Notably, there’s no provision for State Governors to directly consult courts, making Article 143 the sole constitutional route for objective assessment. This approach not only avoids potentially invalid laws but also maintains checks and balances by reducing any perception of Central bias in legislative matters.
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