SC response to Presidential reference 'deplorable, shocking': CPI(M) General Secretary

New Delhi, Nov 20 (PTI) The Communist Party of India (Marxist) General Secretary MA Baby on Thursday said the Supreme Court's response to the Presidential Reference on timelines to grant assent to Bills was "deplorable and shocking".

President Droupadi Murmu had, exercising her power under the rarely used Article 143 (1), posed 14 crucial questions before the top court over its April 8 verdict, which imposed a three-month deadline for the President and governors on dealing with Bills placed before them for assent, or consideration.

After deliberating on the Presidential Reference, a five-judge constitution bench headed by Chief Justice B R Gavai on Thursday opined that timelines cannot be fixed for the President and the governors for granting assent to Bills passed by state assemblies.

In an X post, the CPI(M) general secretary said, "The Supreme Court's answer in response to the Presidential Reference is deplorable and shocking. Courts should not hesitate to play a meaningful role in ensuring proper checks and balances between the Legislature, the Executive and the Judiciary." Baby said that while on one hand the Supreme Court has said that timelines cannot be set for granting assent to bills, on the other, it said that the court can exercise a "limited power of judicial review to direct the governor to decide in a time-bound manner".

"Now, who will decide what is a time-bound manner?!! Judiciary should not absolve itself of its constitutional responsibility," Baby asked.

In its unanimous opinion on the Presidential Reference, the bench held that the Supreme Court cannot grant "deemed assent" as it would amount to virtual takeover of the role of a separate constitutional authority.

The bench also ruled that the governors do not have "unfettered" powers to sit over the Bills for "perpetuity" as they have only three options -- either to grant assent, or refer the Bills to the President, or withhold assent and send back them to the assemblies for reconsideration under Article 200. PTI AO AO RUK RUK