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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Informing Pakistan ahead of Operation Sindoor was a crime: Rahul Gandhi on Jaishankar's 'admission'
New Delhi, May 17 (PTI): Congress leader Rahul Gandhi on Saturday hit out at the government for "informing" Pakistan about targeting terror infrastructure as part of Operation Sindoor, saying it was a crime and asking who had authorised it.
In a post on X, Gandhi questioned External Affairs Minister (EAM) S Jaishankar for publicly admitting that the government of India (GOI) had informed Pakistan of the action and asked how many aircraft the Indian Air Force lost as a result.
"Informing Pakistan at the start of our attack was a crime. EAM has publicly admitted that GOI did it. Who authorised it? How many aircraft did our air force lose as a result?" said Gandhi, the leader of opposition in the Lok Sabha.
He also shared an undated video of Jaishankar saying India had informed Pakistan of the action against terror infrastructure on its soil.
Jaishankar can be heard saying in the video, "At the start of the operation, we had sent a message to Pakistan, saying, 'We are striking at terrorist infrastructure and we are not striking at the military.'"
"So the military has the option of standing out and not interfering in this process. They chose not to take that good advice," the minister can be heard saying in the clip.
The Press Information Bureau (PIB), however, has debunked claims that Jaishankar had said India informed Pakistan ahead of Operation Sindoor. In a post on X, the PIB's Fact Check Unit said the minister had not made any such statement and that he was being misquoted.
Operation Sindoor was the Indian offensive against terror camps in Pakistan and Pakistan-occupied Kashmir (PoK) following the April 22 terror attack in Pahalgam.
Informing Pakistan at the start of our attack was a crime.
— Rahul Gandhi (@RahulGandhi) May 17, 2025
EAM has publicly admitted that GOI did it.
1. Who authorised it?
2. How many aircraft did our airforce lose as a result? pic.twitter.com/KmawLLf4yW
