SC fixes Presidential Reference hearing from August 19, to first hear Tamil Nadu and Kerala on maintainability
The Tamil Nadu and Kerala governments urged the Court to dismiss the reference outright as it violated Article 143.
Published on: 29 July 2025, 07:01 pm
The Supreme Court on Tuesday, July 29, fixed August 19 to begin hearing the Presidential Reference regarding the power of the judiciary to prescribe timelines for the President and Governors while dealing with Bills passed by State legislatures.
A five-judge Constitution Bench said it will first hear Tamil Nadu and Kerala on the preliminary issue of maintainability, after both States argued that the Reference is essentially an “appeal in disguise” against the Court’s April 8 judgement.
The five-judge Constitution Bench comprising Chief Justice B.R. Gavai, and Justices Surya Kant, Vikram Nath, Pamidighantam Sri Narasimha and Atul S. Chandurkar said that the hearing would begin with the States of Tamil Nadu and Kerala—represented by senior advocates K.K. Venugopal, A.M. Singhvi, and P. Wilson—being granted one hour to establish why the Reference should be returned unanswered.
‘Preliminary hearing needed on maintainability of Reference’
Senior Advocate K.K. Venugopal, appearing for Kerala, insisted that the Bench must decide the issue of maintainability before hearing the Centre’s arguments on the merits of the Presidential Reference. “A preliminary hearing should be held on the maintainability of the Reference. This should be done first,” he pressed.
Attorney General R. Venkataramani, appearing for the Union government, agreed that the States should be fully heard before he makes submissions supporting the Reference. The Bench accepted this sequencing and directed all parties to submit their written arguments on or before August 12.
As per the Court’s schedule, the Union government will be heard on August 19, 20, 21, and 26. Responses from the States and other opposing parties will be taken up on August 28 and September 2, 3, and 9. The Centre will get a final opportunity to rebut on September 10.
A five-judge Constitution Bench said it will first hear Tamil Nadu and Kerala on the preliminary issue of maintainability, after both States argued that the Reference is essentially an “appeal in disguise” against the Court’s April 8 judgement.
“Timelines must be followed scrupulously,” Chief Justice Gavai told the lawyers.
In a procedural clarification, the Court directed that no lawyer, except Mr. Venugopal, would be allowed to appear online.
Solicitor General Tushar Mehta supported the exception, describing Mr. Venugopal as “sui generis” (unique).
The States of Tamil Nadu and Kerala have urged the Court to dismiss the Presidential Reference outright, contending that it violates the boundaries of Article 143 of the Constitution, which governs the advisory jurisdiction of the Supreme Court. Kerala, represented by Venugopal and advocate C.K. Sasi, argued that such a Reference can only be made if the legal question is still undecided or res integra.