SC’s five-judge bench to consider Presidential reference on timeline for assent to state bills on July 22

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NGO, ADR move Supreme Court challenging revision of electoral rolls in Bihar



Article 200 deals with situations with regard to the passage of bills by the state assembly and subsequent options available to the governor on grant of assent or withholding of assent or sending the bill to the President for reconsideration.Article 201 deals with the bills reserved for the President’s consideration by the governor.The Centre has resorted to the presidential reference instead of seeking a review of the verdict, which has evoked sharp reactions in the political spectrum.The rules prescribe that the review petitions be heard by the same set of judges in the apex court in chambers, while presidential references are heard and considered by a five-judge Constitution bench.The apex court, however, may choose to refuse to answer any or all of the questions raised in the reference.Article 200, the reference underlined, which prescribes powers of the governor to be followed while assenting to bills, withholding assent to bills and reserving a bill for the President’s consideration, does not stipulate any time frame upon the governor to exercise constitutional options.The President said that similarly, Article 201, which prescribes the powers of the President and the procedure to be followed while assenting to bills or withholding assent therefrom, does not stipulate any time frame or procedure to be followed by the President for the exercise of constitutional options under Article 201 of the Constitution.President Murmu also questioned the exercise of plenary power under Article 142 of the Constitution by the Supreme Court to make the bill re-presented to the Tamil Nadu Governor, as deemed to have been passed.”Whereas the concept of a deemed assent of the President and the Governor is alien to the constitutional scheme and fundamentally circumscribes the power of the President and the Governor,” the reference of May 13 said.



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