CHENNAI: Commenting on President Droupadi Murmu sending a Presidential Reference to the Supreme Court with 14 questions regarding the court’s recent landmark verdict in the case filed by the Tamil Nadu government against Governor R N Ravi, retired judge of Madras High Court, Justice K Chandru, said that such Presidential References have been raised on many occasions in the past.
Pointing out that President Murmu has invoked powers under Clause 1 of Article 143 of the Constitution to seek the opinion of the apex court, he said that as per the particular section, the SC is not bound to provide its opinion to the President.
The registry of the SC will formally register the reference as a Presidential Reference case. The Chief Justice of India will constitute a Constitutional Bench to hear the matter.
Some occasions in which Presidential Reference was invoked include the Kerala Education Bill of 1957 over concerns on infringement on rights of minorities and the “Searchlight” case in 1964 regarding the Uttar Pradesh Assembly deciding to imprison a non-member for breach of privilege. It was also invoked after the 2G case verdict of the Supreme Court.
Meanwhile, DMK MP and senior advocate P Wilson told reporters in Delhi that Presidential References had been made around 15 times so far and the SC had declined to answer on a few occasions.
Moreover, the SC had categorically clarified that it is not possible to annul or render ineffective a judgment that has already been delivered through such advisory jurisdiction.
