Supreme Court Authority Explained

Summary

The Supreme Courts authority to impose binding timelines on the President and Governor for bill assent is debated in India. While the Constitution does not specify timelines, case laws like State of Rajasthan vs Union of India and S.R. Bommai vs Union of India highlight judicial intervention and federal structure. Articles 74 and 163 support executive discretion, advising the President and Governor. The judiciarys role in interpreting constitutional provisions ensures checks and balances, as seen in Keshavananda Bharati vs State of Kerala and Indira Nehru Gandhi vs Raj Narain.

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Is the decision made by the two-judge bench a breach of the constitutional provision? make arguments for both petitioner and respondent sides for this issue and point some relevant Indian case laws
Case Rating: *
Regarding the decision made by the two-judge bench:
Petitioner's Argument:
- The decision might breach constitutional provisions by encroaching upon executive powers, which are clearly separated from judicial mandates.
- Reference: *Keshavananda Bharati vs State of Kerala* (*) – Established the basic structure doctrine, emphasizing separation of powers.
Respondent's Argument:
- The judiciary is empowered to interpret constitutional provisions, ensuring the maintenance of checks and balances.
- Reference: *Indira Nehru Gandhi vs Raj Narain* (*) – This case underscored the importance of judicial review in upholding constitutional governance.
These arguments reflect the tension between judicial interpretation and executive discretion in India.
can you point out some important articles in the constitution for both these issues
Case Rating: *
Here are some important articles from the Indian Constitution related to your issues:
- Article *: Advisory jurisdiction of the Supreme Court, which might relate to judicial intervention.
- Article *: Council of Ministers to aid and advise the President, touching upon executive powers.
- Article *: Council of Ministers to aid and advise the Governor, similar to Article *.
- Article *-*: Covers legislative powers and assent procedures, which can relate to timelines and executive discretion.
These articles provide a framework for understanding the separation of powers and the roles of executive and judiciary in India.
does art * and * back petitioner or respondent
Case Rating: *
Article * and Article * of the Indian Constitution primarily support the respondent's side. These articles outline the roles of the Council of Ministers in advising the President and Governor, emphasizing the discretionary powers of these executive officials rather than imposing binding timelines or judicial mandates.
Would you like more detailed information on specific cases related to these articles?