A five-judge Bench of the Supreme Court on Thursday answered the 16 th Presidential Reference the country has witnessed by opining that judges cannot fetter Governors and the President to ‘one-size-fits-all’ time tables to dispose of State Bills or virtually usurp their functions by assuming ‘deemed consent’ of the proposed laws at the expiry of a judicially-scheduled time frame.

“Such a usurpation of the gubernatorial function of the Governor, and similarly of the President’s functions, is antithetical not only to the spirit of the Constitution, but also specifically, the doctrine of separation of powers – which is a part of the basic structure of the Constitution,” a Bench of Chief Justice of India BR Gavai, Chief Justice-designate Surya Kant, Justices Vikram Nath, PS Narasimha and A.

See Full Page