'Can Supreme Court rewrite Constitution': AG questions apex court ruling Presidential reference case on Governor's powers

New Delhi: Attorney General R Venkataramani on Tuesday questioned the Supreme Court's April 8, 2025 judgment which set the deadline for the Governors and the President to grant assent to Bills passed by legislatures, by wondering if the court can re-write the Constitution.

"You (SC) bind the hands of the President. The President will exercise highest consideration whether to assent or not. The court entered into a regulation-making power here. The President and Governor virtually robbed of their application of mind. Can the court go to the extent where it says let me take a pen and paper and rewrite the Constitution," he asked before a five-judge bench led by Chief Justice of India B R Gavai.

Venkantaramani, while assisting the court in the Presidential reference, contended that the Supreme Court can't step in the shoes of the authority.

The bench, however, asked him as to what would be the "constitutionally permissible recourse" when the court is confronted with a situation where the Governor was keeping Bills pending for several years.

In response, he said, even in such an undesirable situation, the court cannot take over the functions of the Governor and declare assent for the Bills.

The Constitution bench also comprised of Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar.

On a question by the court that the 2020 Bills were even pending in Tamil Nadu, Venkantaramani acknowledged that 'yes', it was a fact.

He, however, clarified that he was not asking the court to revisit the Tamil Nadu judgement.

There were certain explanations given for the delay in clearing the Bills, which the court rejected, he claimed.

"There are many reasons why probably the Governor kept on without giving his assent in time. We are not going into those reasons," he submitted.

Venkatramani further contended that he was not going into those particular facts in the judgment.

"We are talking about the state of law," he said, asking if the Supreme Court can invoke Article 142 power to declare deemed assent.

"That has to be tested by the court now," he said. The hearing is likely to resume on Wednesday.