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Therefore, the criticism that the Court has exceeded in its jurisdiction in the given case is clearly misconceived. It is erroneous to think that the Court has \u2018amended\u2019 the Constitution only because it supplemented (not supplanted) the constitutional provisions to meet the exigencies. It does not amount to legislation either, as the conclusions in the judgment only rest on a thorough precedential survey on the issue. It quoted Justice V.R. Krishna Iyer in Shamsher Singh & Anr vs State Of Punjab (1974), a seven-judge Bench judgment, which is still regarded as the locus classicus on gubernatorial functions under our constitutional scheme. The present verdict imported the people\u2019s right to enact laws while Shamsher Singh was more on the binding nature of the decision of the cabinet chosen by the voters. The Court could reject the idea of \u201cunfettered discretion\u201d in referring the Bills to the President, as laid down in B.K. Pavitra vs Union of India (2019), based on larger Bench decisions such as the one in Shamsher Singh. It is promising to see the judiciary in an assertive mode, after a long interval, that too in a case where it directly confronted the political executive at the Centre.
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Suggestions to consider
<\/h4>\n Yet, two suggestions may be useful for the time to come. The first is that in critical constitutional adjudication, instead of rendering huge verdicts after a long time, the Court needs to resort to the practice of delivering shorter judgments within a shorter span of time. The judgment of the U.K. Supreme Court in the Brexit-related case, R(Miller) vs The Prime Minister (2019), was just 24 pages. Brevity and promptness in the judicial process could be of great support for a nation in trouble.
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Second, when matters of the similar nature are pending adjudication, the Court must have a system to club them together so that the same Bench hears the cases together. A lack of proper internal management in the Court was felt when after the Tamil Nadu judgment, a request had to be made on behalf of the State of Kerala to place its petition seeking similar relief before the same Bench. Propriety demands that such a request is heeded to forthwith, to ensure certainty, predictability and clarity, which are essential facets of constitutional adjudication.
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Kaleeswaram Raj is a lawyer in the Supreme Court of India<\/i><\/b><\/p>\n\n
Published – April 16, 2025 12:16 am IST<\/span><\/p>\n<\/div>\n<\/div>\n \nSource link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"\u2018The criticism that the Court has exceeded in its jurisdiction is misconceived\u2019 | Photo Credit: Getty Images\/iStockphoto The recent judgment by the Supreme Court of India, in The State of Tamil Nadu vs Governor of Tamil Nadu, was a historic one. But it has also led to another development \u2014 the passing of laws without […]<\/p>\n","protected":false},"author":2,"featured_media":243168,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":"","footnotes":""},"categories":[772],"tags":[196184,196188,196183,196182,196181,196178,196185,196180,196190,196186,196187,196179,196189],"class_list":{"0":"post-243167","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-opinion","8":"tag-article-21-in-a-k-gopalan","9":"tag-b-k-pavitra-vs-union-of-india","10":"tag-centralist-constitution","11":"tag-governor-of-kerala","12":"tag-interpretation-of-articles-200-and-201-of-constitution-and-powers-and-functions-of-governors-and-president","13":"tag-judgment-by-the-supreme-court-of-india-and-tamil-nadu-governor","14":"tag-k-s-puttaswamy-and-article-21","15":"tag-passing-of-laws-without-assent-of-governor-or-president","16":"tag-rmiller-vs-the-prime-minister","17":"tag-sarkaria-commission-report","18":"tag-shamsher-singh-anr-vs-state-of-punjab","19":"tag-supreme-court-of-india-and-the-state-of-tamil-nadu-vs-governor-of-tamil-nadu","20":"tag-u-k-supreme-court-in-brexit-related-case"},"yoast_head":"\n
A proclamation of democracy in legislative process -<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\t \n\t \n\t \n