In the Tamil Nadu Governor case, the Supreme Court ruled that when a Governor reserves a Bill on grounds of unconstitutionality, the President should consult the Supreme Court. This process ensures that constitutional matters are addressed by the proper authorities.
Role of Article 143
Article 143 of the Indian Constitution allows the President to seek advice from the Supreme Court on matters of public importance. The President can consult the Court on any legal or constitutional issues, ensuring fair review.
Prudent to Seek Supreme Court’s Opinion
The Court, led by Justices JB Pardiwala and R Mahadevan, stated that the President should seek the Supreme Court’s opinion when a Governor reserves a Bill on constitutional grounds. The Court emphasized that constitutional courts are the ultimate authorities on interpreting the Constitution and laws. This process helps ensure a careful review before a Bill becomes law.
Historical Recommendations
The Sarkaria and Punchhi Commissions both advised the President to seek the Supreme Court’s opinion on Bills that may be unconstitutional. Although this step isn’t mandatory, the Court stressed its importance in preventing unconstitutional Bills from becoming law and saving public resources.
Preventing Bias and Ensuring Fairness
The President’s consultation with the Supreme Court also prevents concerns of bias in the Central government’s handling of reserved Bills. The Court believes the Union executive should not decide on the constitutionality of a Bill independently. Instead, it should refer the matter to the Supreme Court under Article 143.
Significance of the Court’s Opinion
The Supreme Court’s opinion holds substantial persuasive value. Both the executive and legislature should follow it when assessing the constitutionality of a Bill. If the President disagrees, the President must provide valid reasons, especially when policy considerations are involved.
Conclusion: Protecting Constitutional Integrity
This ruling reinforces the judiciary’s critical role in protecting constitutional integrity. By consulting the Supreme Court, the President and government can ensure they pass only constitutional laws.
