Centre in SC opposes fixing timelines for Prez, guv for assent to bills
New Delhi, Aug 19 (PTI): The Centre on Tuesday opposed in the Supreme Court imposition of fixed timelines on governors and President for taking decisions on bills passed by state legislatures, saying such constraints were "consciously omitted" by the framers of the Constitution.
Challenging the April 8 verdict that fixed timelines for grant of assent to bills, Attorney General R Venkataramani informed a five judge Constitution bench headed by Chief justice B R Gavai that the judgement tied the hands of President who was "virtually robbed of her (discretionary) powers".
"You bind the hands of the President. The highest consideration of whether to assent or not must remain open," he said.
While the attorney general was assisting in his personal capacity, Solicitor General Tushar Mehta represented the Centre before the bench also comprising Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar.
The top court began hearing the presidential reference, seeking opinion on whether President and governors can be legally bound by specific timeframes while exercising their constitutional role in assenting to, or returning, bills.
Mehta urged the bench to examine the larger constitutional question -- the role of President and governors in India's federal structure.
"When we are making or interpreting a Constitution, we do it idealistically," Mehta said.
He added, "The forefathers of the Constitution were visionary and foresaw potential abuse of provisions. But every problem does not warrant judicial intervention."
Mehta said there was no top court decision on the questions raised in the reference so far.
"Presidential reference under Article 143(1) does not invite this court to 'sit in appeal' over State of Tamil Nadu v. Governor of Tamil Nadu, 2025 INSC 481 and rather, it seeks independent questions of constitutional law of considerable public importance arising out of Articles 200, 201, 142, 143, 145(3) and 361," he said.
He referred to the constituent assembly debates and historical background of certain constitutional schemes to highlight the framers of the Constitution debated and decided not to fix any timelines for governors and President.
Under the 1915 Act, Mehta said, there was no provision for returning bills and the 1935 Government of India Act, however, introduced a measure of discretion for "Governor-General", including sending back bills on grounds such as repugnancy or violation of fundamental rights.
He said the Constituent Assembly explicitly considered and rejected proposals for rigid timelines.
"At one stage, the draft suggested that a bill be assented to 'not later than six weeks', later changed to 'as soon as possible'," Mehta said, citing the intervention of B R Ambedkar, the architect of the Indian Constitution.
The CJI, however, said some members in the constituent assembly had in fact argued for reasonable timelines, pointing out "even six weeks seemed too long".
However, the law officer said the "idea was not to bind the highest constitutional functionaries" by rigid deadlines.
"The conscious omission of a timeline was deliberate," he said.
Mehta argued a system where the highest functionaries were expected to discharge their duties legally and with constitutional morality was followed in the country.
"Binding them down with fixed periods would undermine the vision of the framers," he said.
Mehta continued, "President has the right to assent or withhold assent when a bill is first presented. However, if he returns the bill and the house passes it again, President is bound to give assent. There is no ambiguity on this point."
President, he said, while described as a "nominal head" during debates, was nonetheless an elected constitutional authority.
"Unlike the Governor-General, President functions on the aid and advice of the council of ministers. That distinction must be respected," Mehta said.
The attorney general called the April 8 verdict a "judicial overreach into the legislative domain".
Venkataramani said the verdict effectively rewrote constitutional provisions and curtailed the discretionary space available to Governor and President.
The AG said in the Tamil Nadu judgment, the court "entered into the legislative domain" and suggested President to seek the Supreme Court's opinion under Article 143 if doubts arose on a bill.
"Can the court go to the extent where it says, let me take pen and paper and rewrite the Constitution," he asked.
He said the judgment virtually bound President and governors to act mechanically on the aid and advice of state governments, stripping them of independent constitutional application of mind.
"President is being told not to look at executive policy. Governor and President are virtually robbed of their discretion," he said.
He referred to Article 145 and said it stipulated the constitutional questions of substantial importance to be heard by at least a five-judge bench.
Article 145 mandates a minimum of five judges to decide any case involving a substantial question of law regarding the interpretation of the Constitution or for hearing any reference.
The AG maintained the Tamil Nadu verdict breached the mandate.
"If there are multiple, conflicting judgments of smaller benches, then such matters must necessarily go before a larger bench for conclusive authority," Venkataramani argued.
He said routine matters under Articles 14 and 21 might not attract the mandate, but "issues of working of the Constitution and its integrity" certainly did.
Venkataramani said the Tamil Nadu judgment altered the original meaning of Article 200, which governs gubernatorial assent to bills.
While the AG said President's constitutional role was being constrained by judicial directions, the SG argued the issue was sui generis (unique), requiring the court's guidance.
"This has created a constitutional functional problem. Am I bound by the three month deadline? Am I bound by Article 200 directions? Or should all states come to the Supreme Court," he asked.
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Putin meets Iran's FM Araghchi, says Russia ready to do its best to help bring peace to West Asia
Moscow (PTI): Iran's Foreign Minister Abbas Araghchi on Monday met Russian President Vladimir Putin, who hailed the Iranian people for fighting bravely and heroically for their sovereignty and said Moscow is ready to do its best to help bring peace to West Asia as soon as possible.
Araghchi, who held talks with Omani and Pakistani leadership before arriving in Russia, met Putin in St. Petersburg and thanked him for supporting Iran, state-owned TASS news agency reported.
"Russia is ready to do everything in its power to ensure that peace in the Middle East is achieved as soon as possible," Putin said during his meeting with Araghchi, which was also attended by Russian Foreign Minister Sergey Lavrov.
Revealing that he received a message from Iranian Supreme Leader Mojtaba Khamenei last week, Putin asked Araghchi to convey his "gratitude for this message and best wishes for his health and well-being."
He praised the Iranian people for fighting "bravely and heroically" for their sovereignty, Iran's state-run PRESS TV reported.
"We really hope that, based on the courage and desire for independence, the Iranian people, under the guidance of the new leader, will weather this difficult period of trials and peace will come,” Putin said.
He also stressed that Russia “intends to maintain” its strategic relations with Iran.
Araghchi said that the world witnessed Iran’s strength in countering the US during the recent war, and that the Islamic Republic is a "stable and powerful establishment."
"With their courage, the Iranian people succeeded in resisting the US aggression and will be able to endure it,” he said.
He said that it became clear that Iran has “great friends and allies” like Russia, and conveyed “warmest greetings” from Supreme Leader Mojtaba Khamenei and President Masoud Pezeshkian to the Russian leader.
Araghchi said relations between Moscow and Tehran represent a “strategic partnership at the highest level” and will continue to develop "regardless of circumstances."
"We are grateful to you for the solid and strong positions in support of the Islamic Republic of Iran," he said.
Foreign Minister Lavrov said that the talks between President Putin and the Iranian Foreign Minister were "useful and constructive."
Kremlin Spokesman Dmitry Peskov later said that Russia is "ready to provide any good offices, any mediation services that are acceptable to the parties."
"We will be ready to do everything so that ultimately peace ensues, guaranteed peace, and that there is no return to hostilities," Peskov was quoted as saying by TASS.
He was asked how Moscow can assist in future negotiations on the Iranian settlement.
Araghchi arrived in Russia after his whirlwind trip to Islamabad, which, according to him, was “very productive” and involved “good consultations" with Pakistan's Army Chief Field Marshal Asim Munir, amid uncertainty over the second round of peace talks to resolve the war in West Asia.
"We held good consultations with our friends in Pakistan. The trip was successful. We assessed the outcome of our recent (meetings) and discussed in what direction and under what conditions talks can move on,” Araghchi said in a video posted on his Telegram channel upon his arrival in St Petersburg.
Referring to the second round of talks between the US and Iran to resolve the conflict in West Asia, Araghchi said: "Developments have taken place in the negotiations."
"Despite some progress in earlier rounds, the talks failed to reach their objectives due to the Americans' approach, the excessive demands they made, and the wrong approaches they adopted. Therefore, it was necessary to consult with our friends in Pakistan to review the latest situation,” Iran's official news agency IRNA quoted him as saying.
He said that the trip to Pakistan was a good opportunity to review developments related to the US-Israeli war against Iran, expressing confidence that “these consultations and coordination between the two countries will be highly significant.”
Araghchi arrived at St. Petersburg's Pulkovo Airport early Monday, where he was welcomed by Russian officials and Iran’s ambassador to Russia, Kazem Jalali, the report said.
The first round of peace talks between Iran and the US, held on April 11 and 12, failed to bring the desired result for the parties to the conflict.
The Iranian minister arrived in Islamabad for the second time on Sunday after a short visit to Oman, where he held talks with Sultan Haitham bin Tariq al-Said on security in the Strait of Hormuz and diplomatic efforts to end the Iran-US conflict.
After Araghchi left Pakistan for Oman on Saturday, President Donald Trump announced that US negotiators Steve Witkoff and Jared Kushner would no longer be going to Islamabad for talks with Iran, contending that Washington held all the cards on the matter.
Trump on Sunday reiterated that the US and Iranian officials can talk by phone for a peace solution to the conflict.
On Tuesday, Trump extended the two-week ceasefire with Iran indefinitely to give Tehran more time to prepare a unified proposal to end the war, just hours before the truce was set to expire.
The war began when the US and Israel jointly attacked Iran on February 28, killing Iranian Supreme Leader Ayatollah Ali Khamenei and several top commanders. The retaliation by the Islamic Republic extended the war to the entire Gulf region.
