The Supreme Court Wednesday hailed the stability of the Indian Constitution’s framework, underlining its significance at a time when neighbouring states like Nepal and Bangladesh have witnessed violent political turmoil.
“We are proud of our Constitution… when we see whatever is happening in neighbouring states, like what happened in Nepal yesterday,” CJI B R Gavai said. The CJI-led five-judge Constitution bench, also comprising Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar, is hearing the reference made by President Droupadi Murmu in the wake of the top court fixing time limits for President and Governors to act on bills submitted by state legislatures.
The remarks came during a discussion on whether the parties should be allowed to rely on empirical data on the status of various Bills submitted to Governors.
Solicitor General Tushar Mehta endorsed the CJI’s comments.
Senior Advocate A M Singhvi had earlier attempted to present some data but this was opposed by Mehta who appeared for the Centre.
Wednesday, Mehta said he had data from 1970 which showed that only 20 Bills had been withheld in the last 55 years. “I have the data which shows that for 90 per cent of Bills, assent is given within one month… and more than six months is few,” he said.
Singhvi objected to his (Mehta’s) reliance on this, reminding the court that he had earlier been disallowed to present any such data following the SG’s opposition. Senior Advocate Kapil Sibal appearing for West Bengal said he, too, had not been allowed to share empirical data.
The bench then told the SG that it would be unfair to allow him to do that when others had not been.
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Mehta said Singhvi was trying to give data to show state-specific problems. “I am not giving the problems. I am giving the empirical data; how the Constitution has worked since 1970… for the last 55 years,” the SG said.
But the bench did not relent.
“In that case, we will have to see their data also. It can’t be one-sided… If you object to their sharing data, it should apply to you also… You having objected, you can’t now turn back and say that I want to give empirical data. Please argue on questions of law… They wanted to present the data in respect of the state which they are representing as to how many days and how many years… Bills are pending with the Governor. You objected to presenting such data. Now you can’t say that you will present the all-India data…,” the CJI said.
Mehta said he was only trying to show that 90 per cent of the Bills are assented to within one month.
“Maybe, but how is it relevant?” asked Justice Nath.
Mehta said “only 20 Bills… have been withheld in the last 55 years.”
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Justice Nath said, “Nation is continuing with the Constitution and democracy for 75 years irrespective of whether 50 Bills have been withheld, 90 per cent Bills have been withheld, or whatever. The states are also functioning; the Centre is also functioning. Leave that aspect.”
The CJI added, “We are proud of our Constitution…when we see whatever is happening in neighbouring states, like what happened in Nepal yesterday.”
“We are proud of the Constitution…,” Mehta endorsed. “Earlier Bangladesh,” said Justice Nath. “Nepal happened just two days ago,” said the CJI.
