oppn parties President Murmu Refers Important Questions Of Law For Supreme Court's Opinion

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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President Murmu Refers Important Questions Of Law For Supreme Court's Opinion

By Sunil Garodia
First publised on 2025-05-15 15:30:07

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court order which set timelines for both the President and the Governor when it came to granting assent to bills sent to them had logically explained the reasons behind the verdict. In simple terms, it had said that even though the Constitution did not provide such timelines, the absence of timelines meant that the power granted under the Constitution could be used to scuttle bills and derail the constitutional machinery. It also explained that it was not reading in the timeline in the Article and not changing the Articles fundamentally. Yet, President Droupadi Murmu has chosen to refer the matter to the Supreme Court for its opinion under Article 143(1) of the Constitution.

Going by the questions she has submitted to the apex court, President Murmu is mainly concerned about two things - whether the judiciary can review the actions of the President and the Governor, taken under the powers granted to them under Article 201 and Article 200, respectively, and, whether timelines for such action under the said Articles can be imposed through judicial orders. In short, the President is asking whether the court is crossing the line and stepping into the domain of the legislature. Asking these questions directly means that if something is not expressly written in the Constitution and no other meaning can be explicitly or implicitly deduced, the courts cannot read up and expand the meaning and more importantly, the courts do not have the power to alter or restrict the powers granted to the President and the Governor under the said articles.

The President is also concerned that a bench of just two judges heard the Tamil Nadu matter which led to the judgment in question. She has asked the apex court whether "substantive questions of law" that require "interpretation of the Constitution" which come up before the court should be heard by a larger bench. The President has also asked the court to clarify when it can use Article 142 to use its discretionary powers to "provide complete justice". The last question is important as in the Tamil Nadu case, the Supreme Court has used Article 142 to direct that 10 bills, that were kept pending by Governor R N Ravi, be treated as assented. 

Although the matter does involve important questions about the powers of the Supreme Court and the President is right in seeking the court's opinion on it, the fact is that the Constitution was made ages ago. A lot has changed since then. While the basic structure of the Constitution is considered sacrosanct and is not altered in any way by both the legislature and the judiciary, other Articles do have certain drawbacks which become visible as and when the loopholes in them are used or abused. Article 200 is one such Article. State governors (appointed by the Centre) in opposition-ruled states often use their powers under the Article to delay, or even scuttle, important legislation passed by the state assembly, thereby denying the elected government to work for the benefit of the people. In the words of the Supreme Court, this amounts to the Governor "exercising a pocket veto". The Supreme Court was right in prescribing the timelines. Now, it remains to be seen what opinion the court gives in the matters raised by the President.