Supreme Court can direct President to act, says Justice Chelameswar
Chennai: Former Supreme Court judge Justice Jasti Chelameswar asserted that the apex court has the constitutional authority to issue directions to the President of India, similar to its power to review laws enacted by Parliament.
Delivering the Rakesh Endowment Lecture on the theme ‘The 75th Year of the Constitution’ on Saturday, Justice Chelameswar defended the Supreme Court’s recent directive requiring the President and governors to grant assent to state legislation within a stipulated time frame. He emphasised that the judiciary’s role in reviewing laws extends to issuing binding instructions to constitutional authorities.
“We have accepted that the judiciary can determine whether a law is constitutional. To say that it cannot direct a constitutional office-holder like the President to act would be constitutionally doubtful,” he remarked, in response to a question from former Madras High Court judge Justice C.T. Selvam. The question had referenced recent comments by Vice President Jagdeep Dhankhar, who questioned the Court’s authority to issue such directives.
Justice Chelameswar noted that much of the controversy could have been avoided had the Supreme Court directed the Union Government to offer appropriate advice to the President regarding assent to bills. “The President acts on the aid and advice of the Union Cabinet. Had the Court directed the Union Government to advise the President within three months, there would have been no objection,” he said.
On the issue of conflicting Central and State laws, the former judge elaborated on Article 254 of the Constitution, noting that a state law can prevail if it receives presidential assent. “If the President refuses assent, what recourse does one have?” he questioned, highlighting the critical role of the President’s discretion in maintaining federal balance.
Responding to another query by Justice G.R. Swaminathan of the Madras High Court regarding the current direction of India’s constitutional journey, Justice Chelameswar observed, “It is a long march. There is no overnight solution.”
The lecture was held in Chennai and was organised by the Rakesh Endowment Foundation in association with the Roja Muthiah Research Library, marking the birth anniversary of Rakesh Ranganathan, late son of senior advocate and DMK Rajya Sabha MP, N.R. Elango.
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Bengaluru techie run over by drunk driver after refusing to buy cigarette
Bengaluru: A 29-year-old techie lost his life and his friend narrowly survived after a drunk driver rammed his car into their two-wheeler following a petty argument. The shocking incident occurred near Kanakapura Main Road and was reportedly triggered by a trivial dispute over a cigarette.
The deceased, HN Sanjay, was a resident of Vajarahalli, while his friend Chetan Pujamath (30), who sustained injuries, lives in JP Nagar 7th Phase. Both were working professionals in the tech industry.
The accused, Pratheek (31), a BCom graduate and manager at a private firm, was returning home with his wife from a birthday party when he allegedly asked Sanjay and Chetan, who were having tea at a roadside stall, to get him a cigarette. An argument started when the request was denied, as reported by The New Indian Express on Sunday.
Others at the tea stall and Pratheek’s wife intervened to de-escalate the situation, and she eventually convinced him to return to the car. However, as Sanjay and Chetan were riding home shortly after, Pratheek, who was reportedly drunk, followed them and deliberately rammed his car into their bike.
“Chetan slid on the car’s bonnet and sustained minor injuries. But Sanjay fell along with the bike and banged his head against the shutters of a pharmacy and the pavement. He was admitted to a hospital, where he died on Tuesday,” TNIE report quoted the police as saying.
Initially booked for attempted murder, Pratheek now faces murder charges following Sanjay’s death. He has been remanded to judicial custody. Police have clarified that Pratheek’s wife was not involved in the incident.
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