'How was the time limit set?'; President Droupadi Murmu exercises special powers, asks 14 questions to SC

NEW DELHI: President Droupadi Murmu exercised special power to seek an explanation from the apex court on the criterion set for the Governor and the President to make decisions on bills passed by the Assembly.

The President can seek the opinion of the Supreme Court under Article 143(1) of the Constitution. President Droupadi Murmu sought answers to 14 questions from the Supreme Court.

The crucial questions are related to the federal structure of the country, the division of powers, and constitutional authority. In India, hitherto, Presidents have sought the opinion of the Supreme Court on more than 14 occasions on various cases.

The crucial Supreme Court verdict came in the case of Tamil Nadu which has now forced the President to exercise her special powers. Vice President Jagdeep Dhankhar had strongly criticized the SC verdict.

It is indicated that the President exercised the reference power in consultation with the Central Government. On Thursday, Home Minister Amit Shah and Law Minister Arjun Ram Meghwal met the President.

The reference was sent to the Supreme Court on May 13, when Justice Sanjiv Khanna retired from the post of Chief Justice. The stance taken by the new Chief Justice B.R. Gavai will be crucial. There is also a possibility of forming a larger bench to examine the questions.

1. What steps can be taken under the Constitution when bills are before the Governor?

2. Is the Governor bound to follow the directions of the Cabinet when the powers conferred by the Constitution are before him?

3. Is it unlawful for the Governor to exercise discretion under Article 200 while making decisions on bills?

4. Are the actions of the Governor protected by the Constitution and barred from judicial review under Article 361?

5. If there is no time limit in the Constitution for the Governor to make decisions on bills, can it be fixed through a judicial order?

6. Is it lawful for the President to exercise discretion under Article 201 in making decisions on bills?

7. If there is no time limit in the Constitution for the President to make decisions, how can it be done through a judicial order?

8. If a bill comes for the consideration of the President, is it necessary for the President to seek the opinion of the Supreme Court under Article 143?

9. Do the courts have the power to examine the content of the bill before it becomes a law and pass an order?

10. Can the special power given to the Supreme Court under Article 142 be invoked against the decision of the President or the Governor?

11. Is a law valid without the consent of the Governor?

12. If a question of law arises regarding the interpretation of the Constitution, should it not be referred to a bench of at least five judges?

13. Are there no limitations to the special power given to the Supreme Court under Article 142?

14. Isn’t the Centre-State dispute resolved only through a petition under Article 131?