Kerala would seek similar relief granted to Tamil Nadu in its case against acts of Governor Khan2Photo© thehindu.com

Kerala would seek similar relief granted to Tamil Nadu in its case against acts of Governor Khan

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Only courts have the prerogative to provide recommendations regarding the constitutionality of a Bill and the Executive is supposed to exercise restraint in such matters, the Supreme Court has said, underlining that it would be prudent for the President to refer Bills with constitutional questions to the Supreme Court.

The significant remark has been made in the top court's judgment in the Tamil Nadu case, in which it ruled that Governor RN Ravi's decision to withhold assent to 10 Bills was "illegal" and "arbitrary". Multiple reports have now said that the Centre is planning to file a review petition to the top court judgment, which effectively curtails the powers of the President, and by extension the Council of Ministers, which advises the President.

The Supreme Court's ruling has effectively set a three-month deadline for Presidential and gubernatorial assent to bills passed by the legislature for the second time. The court has also said that the President's functions are amenable to judicial review under Article 201 of the Constitution.