Article 143: What is the context of the Presidential reference to SC regarding TN Governor case?

Article 143 of the Constitution allows the President to seek the Supreme Court’s opinion on matters of law. This provision has been invoked by President Droupadi Murmu to raise 14 questions on a recent Supreme Court judgement. It concerns a case filed by the Tamil Nadu government against its Governor, who had withheld assent to 10 bills indefinitely. The Supreme Court has ruled in favour of the Tamil Nadu government, laying down a three-month timeline for Governors and the President to act on Bills passed by the State legislatures.

The larger context of this development is the ongoing tussle between the Union government and Opposition-ruled States, with many wondering if this Presidential reference represents a political pushback from the Union government.

Historically, what has been the logic for such references? How is this particular Presidential reference different in its substance from a review petition? Is the Supreme Court bound to take it up or can it decline the reference?

Guest: Supreme Court advocate Deepak Joshi

Host: G Sampath, Social Affairs Editor, The Hindu

Recorded by Jude Francis Weston and Tayyab Hussain

Edited by Jude Francis Weston

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Article 143: What is the context of the Presidential reference to SC regarding TN Governor case?

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