In a previous article, we traced the constitutional incorporation of the President’s power to refer issues to the Supreme Court of India for its opinion. In this article, we examine a specific and fascinating report that the Federal Court—the institutional predecessor of the Supreme Court of India— issued in 1944. This report was issued in […]
Recently, the President of India referred 14 legal issues for the Supreme Court’s opinion under Article 143(1) of the Constitution of India, 1950 [‘the Constitution’]. These issues relate broadly to the respective powers of the President, state Governors, and the Indian Courts (especially the Supreme Court) with respect to bills passed by state legislatures. This […]
Last Friday, the President of India promulgated an ordinance under Article 123 of the Constitution, that reversed the effect of an important Supreme Court judgement. The judgement had handed control of civil servants and day-to-day administration in the National Capital Territory of Delhi, to the duly elected Delhi government. Opposition leaders have been sharply critical […]