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Human rights

SC's Advisory Jurisdiction: A Delicate Balance of Powers

Strategic Insights

— 1 min read

The recent Presidential Reference to the Supreme Court's (SC) advisory jurisdiction has shed light on the complex relationships between the executive, legislative, and judicial branches in India. The move was prompted by a May 8 judgment by the SC bench of Justices J B Pardiwala and R Mahadevan, which challenged the governor's delay in clearing bills passed by the Tamil Nadu legislature. The Reference highlighted conflicting SC judgments on the justiciability of the President's assent under Article 201 of the Constitution. In another matter, Justice Gavai emphasized the need for the Union to frame rules on explicit online content, cautioning against judicial overreach. Notably, the Chief Justice's (CJI) first visit to his home state of Maharashtra was marred by bureaucratic and protocol issues, underscoring the importance of mutual respect among the three pillars of democracy.

Key Takeaways:

  • The Presidential Reference to the SC's advisory jurisdiction has sparked debate on the scope of judicial review in India.
  • The SC bench of Justices Pardiwala and Mahadevan's May 8 judgment challenged the governor's delay in clearing bills, leading to the Reference.
  • The Reference cited conflicting SC judgments on the justiciability of the President's assent under Article 201, highlighting the need for clarification.
  • Justice Gavai emphasized the need for the Union to frame rules on explicit online content, recognizing judicial limitations.
  • The CJI's visit to Maharashtra was marked by protocol issues, with the chief secretary, police chief, and DGP subsequently apologizing for their absence.
  • The CJI emphasized the importance of mutual respect among the three pillars of democracy, advocating for cooperation and respect.

Statistics:

  • The SC bench of Justices Pardiwala and Mahadevan passed the May 8 judgment, citing Article 201 of the Indian Constitution.
  • The Presidential Reference invoked SC's advisory jurisdiction under Article 143 (1) of the Constitution.
  • The SC has issued conflicting judgments on the justiciability of the President's assent under Article 201.
  • The CJI's visit to Maharashtra marked the first time he has visited his home state in his capacity as CJI.

Sources:

  • [Source 1: The SC bench of Justices Pardiwala and Mahadevan's May 8 judgment]
  • [Source 2: The Presidential Reference to SC's advisory jurisdiction under Article 143 (1)]
  • [Source 3: Justice Gavai's oral observation on online content rules]
  • [Source 4: TNN]

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