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New Delhi: Former Supreme Court Bar Association President Adish C Aggarwala has written to Prime Minister Narendra Modi suggesting him to advise members of his party to refrain from making public statements that could undermine public confidence in judiciary and the foundational balance of powers established by the Constitution.
"I am stunned to note that BJP MP Nishikant Dubey has criticised the Supreme Court and stated that, “If the Supreme Court has to make laws, then Parliament should be shut down",' he said in his letter.
Aggarwala said that under Articles 200 and 201 of the Constitution of India, no specific time limit is mandated for the President or the Governor to take a decision on Bills presented for assent.
However, in view of inordinate delays, the Supreme Court, in its 2023 judgments in "State of Punjab vs. Principal Secretary to Governor of Punjab" prescribed a specific timeframe for the Governor and the President to take a decision on such Bills, he said.
"The Supreme Court has acted with caution and has not issued any direct orders to the Head of State or the Head of the Nation. It has merely held that in the event of an unjustified delay exceeding three months, the Bill shall be treated as having received deemed assent," the senior advocate said.
He asserted that the recent judgments in "State of Punjab vs. Principal Secretary to Governor of Punjab" and "State of Tamil Nadu vs. Governor of Tamil Nadu" do not amount to judicial overreach.
"It is well established that the Legislature holds the supreme power to amend legal provisions, in case it has any disagreement with any judicial pronouncement.
The legal fraternity is fully aware that the government has consistently shown the highest regard for the judiciary and its decisions," he said.
There may, of course, be a difference of opinion regarding the time limit prescribed for granting assent by the President or Governor. If the Government believes that the three-month period prescribed by the Supreme Court is not sufficient, then the Legislature has the authority to amend the relevant provisions through proper legislative procedure, he said.
"However, public criticism, especially from leaders of the ruling party, can create confusion and erode public trust in the judiciary. Such statements may also strain the cordial relationship between the Judiciary and the Executive," he wrote.