Chief Justice of India B.R. Gavai cautioned that “judicial activism should never become judicial terrorism or adventurism” during a Supreme Court hearing on Thursday addressing a presidential reference on whether courts can impose timelines for governors and the president to act on state assembly bills.
The remark came as Solicitor General Tushar Mehta, representing the Centre, emphasized the accountability of elected officials to voters, stating, “Voters cannot be taken for a ride anymore.” The five-judge bench, including Justices Surya Kant, Vikram Nath, P.S. Narasimha, and A.S. Chandurkar, is examining 14 questions raised by President Droupadi Murmu under Article 143(1) on the powers under Articles 200 and 201.
The hearing, now in its third day, follows a contentious April 8, 2025, ruling where the Supreme Court set a three-month deadline for the president to decide on bills reserved by governors, sparked by Tamil Nadu’s case against Governor R.N. Ravi’s delays.
The Centre argues that imposing fixed timelines risks “constitutional disorder,” as neither Article 200 nor 201 specifies timeframes. Mehta clarified that a governor’s “withholding assent” is a standalone function, but the bench noted governors cannot refer re-passed bills to the president, reinforcing judicial oversight. Posts on X, like @LegalEagleIndia, noted, “CJI’s terrorism remark underscores judicial restraint concerns.”
Tamil Nadu and Kerala challenged the reference’s maintainability, arguing prior rulings already addressed these issues, but the bench, exercising advisory jurisdiction, dismissed appellate concerns. The Centre’s submission warns that judicially imposed deadlines encroach on executive discretion, risking federal balance.
The hearing, set to continue with senior advocate Kapil Sibal’s arguments, has ignited debate on judicial overreach, with @BharatLawyer on X stating, “SC’s role in defining executive timelines is a tightrope walk.” The outcome could reshape Centre-state dynamics and parliamentary democracy.
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