In a significant observation, the Supreme Court of India stated that the President must seek the Court’s opinion under Article 143 of the Constitution if a Governor reserves a Bill on the grounds of it being unconstitutional.
The bench remarked that when a Governor raises constitutional concerns about a Bill passed by a state legislature and refers it to the President, the President should, in turn, consult the Supreme Court for its legal opinion. This move, the Court emphasized, ensures proper constitutional checks and balances.
The observation came during a hearing where the role of Governors in the legislative process was under scrutiny, especially in cases where Bills are delayed or held back citing constitutional issues.
The Court’s statement could have far-reaching implications on the relationship between the executive and judiciary, and how contentious legislation is handled in future.
More details are awaited as the hearing continues.