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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Man killed in flat ceiling plaster crash, wife and son hurt
Thane (PTI): A 45-year-old man was killed, and his wife and son were injured when a portion of plaster from the ceiling collapsed in their flat in a seven-storey building in Thane on Saturday, officials said.
Chief of the Regional Disaster Management Cell, Yasin Tadvi, said the 16-year-old building is not listed in the "dangerous" category.
"The incident occurred in Karumdev Society at about 3 am. The plaster of the hall in a flat on the terrace floor suddenly fell while the occupants were asleep", he said.
Of the four people who were inside the room, two suffered minor injuries and were discharged after primary treatment, Tadvi stated.
The injured persons were identified as Arpita More (42), who suffered minor head injuries, and her son Arush More (16), who sustained injuries to both legs.
Manoj More (45), who sustained chest injuries, died during treatment at a private hospital.
