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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Thunderstorm hits Lucknow, IMD issues red alert across multiple UP districts
Lucknow: Shortly after the India Meteorological Department issued a red alert warning of severe weather conditions in the region, a sudden thunderstorm hit Lucknow and adjoining districts on Monday morning.
The Indian Express reported that the skies turned dark around 8:45 am as strong winds lashed parts of the city. Incidents of tree falls were reported from several locations, disrupting traffic and normal movement.
The weather department said thunderstorms accompanied by lightning, hail and gusty winds of 40 to 60 kmph are likely to continue over the next three hours across several districts.
A red alert has been issued for districts including Unnao, Barabanki, Hardoi, Sitapur, Bahraich, Gonda, Shravasti and Lakhimpur Kheri, where moderate thunderstorms with hail and strong winds may damage trees, power lines and temporary structures.
An orange alert is in place for Rae Bareli, Amethi, Kanpur Nagar, Ayodhya, Kanpur Dehat, Auraiya, Kannauj, Farrukhabad, Shahjahanpur and Balrampur, where thunderstorms with lightning and winds up to 60 kmph could lead to localised disruptions.
Major parts of the state remains under yellow alert, including districts such as Prayagraj, Agra, Bareilly, Aligarh and Moradabad, where light rain, lightning and winds of 30 to 40 kmph are expected.
Authorities have advised residents to remain indoors, avoid open areas and trees during lightning, and secure loose objects.
