Assent to bills: Tamil Nadu govt moves Supreme Court
The Tamil Nadu government on Monday urged the Supreme Court to declare the Presidential reference raising constitutional issues on whether timelines could be imposed for dealing with bills passed by state assemblies as not maintainable and return it as unanswered, saying it is an “appeal in disguise”.
A five-judge Constitution bench headed by Chief Justice of India B R Gavai, which has sought the replies of the Centre and all states in a week, will consider the Presidential reference on Tuesday and would fix timelines and other procedural details for hearing.
In an intervention application, the Tamil Nadu government said it is “filing the present application for directions from this court to declare that the Presidential Reference dated May 13, 2025 issued by her excellency, the President of India is not maintainable and to return the said reference as unanswered in whole, without prejudice to the arguments advanced by the Appellant before this Court”.
It said the President has made the above Presidential reference under the Article 143 of the Constitution of India seeking the opinion of this Court on 14 questions that include the interpretation of the powers of the governor under the Article 200 of the Constitution and the powers of the President under the Article 201 of the Constitution along with ancillary issues.
“It is prima-facie evident that the present Presidential reference is nothing but an appeal in disguise to disturb the settled law and overrule the findings already pronounced by this Court due to which the present Presidential reference ceases to raise any such legitimate substantial questions of law leading to an expediency in obtaining the opinion of this Court.
“Therefore, the Presidential reference dated May 13, 2025 deserves to be unanswered as a whole and liable to be returned,” the state government said.