Saturday, January 17, 2026
11.1 C
New Delhi

In a 1st, SC goes all-swadeshi in Presidential reference opinion

In a 1st, SC goes all-swadeshi in Presidential reference opinion

NEW DELHI: For the first time, a five-judge bench of the Supreme Court in a matter relating to interpretation of constitutional provisions abjured citing rulings of Supreme Courts of foreign countries to buttress their logic and referred only to the SC’s past judgments while penning its opinion on the Presidential Reference.CJI B R Gavai, who led the five-judge bench also comprising Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar, said the bench wanted to speak in one voice and support its opinion with ‘swadeshi’ interpretation of constitutional provisions relating to the power and functions of the President and governors with regard to bills passed by assemblies.Another five-judge bench on Wednesday pronounced a judgment on promotions in judicial services without any of the judges taking credit for authorship. This trend of speaking in one voice, without any single judge taking credit for authoring the judgment, started with Ayodhya verdict. A five-judge bench led by then CJI Ranjan Gogoi didn’t have the author’s name.For the last six months, Justice Narasimha, since he started presiding over benches, has also rendered judgments without taking authorship credit and passing the verdicts as that of the bench. However, his bench colleague has been persuaded to take credit for judgments authored by him. It is likely that Justice Narasimha could have suggested an unanimous yet anonymous opinion by the five-judge bench on the reference.In the presidential reference opinion, the five-judge bench explained why it did not want to be influenced by foreign judgments. The SC said, “Copious written submissions and extensive arguments have been employed by counsel to underscore the functioning of the Westminster parliamentary model and its workings in the UK. They sought to draw parallels on the discretionary powers of the Crown and the limitations thereon.”It added, “This court believes that our constitutional truth does not lay in either of these extremes but is grounded in the way we have successfully, and if we may add, proudly, worked our Constitution over three quarters of a century. While our constitutional text may have been inspired by comparative outlook, its interpretation and working, we believe, is truly swadeshi.”It explained how the working of India’s constitutional federal democracy was different from that of the UK and the US. “Unlike the English experience of an unwritten constitution, we have a written text. English constitutional law did not have to grapple with vital questions of federalism and an inherently diverse country,” it said. “The American experience is different due to the strict separation of powers between executive and legislature, necessitating the presidential veto. Indian constitutionalism has evolved to a parliamentary model where legislative agenda, business and enactment is overwhelmingly executed at the behest of the executive,” it said.

Go to Source

Hot this week

Right Dose Of Merit: Higher Degree Doesn’t Mean Automatic Eligibility For Job, Rules Supreme Court

The SC upheld the validity of recruitment rules framed by the State of Bihar, with Diploma in Pharmacy as the essential qualification for appointment to the post of Pharmacist Go to Source Read More

‘Communal reason for not getting work?’ Remark by AR Rahman sparks outcry

Composer A R Rahman’s claims that he possibly faced instances of “communal” discrimination in the last eight years in Bollywood caused an outcry on Saturday. Read More

Trump tariff threat over Greenland ‘unacceptable’, European leaders say

10 minutes ago ShareSave Henri Astierand Bernd Debusmann Jr,White House correspondent ShareSave Reuters A threat by President Donald Trump to impose fresh tariffs on eight allies opposed to his proposed takeover of Greenland has drawn c Read More

PM: Gen Z trusts BJP’s development model

The country’s Gen Z believes in BJP, PM Modi said in poll-bound Bengal Saturday, pointing to the party’s recent civic poll wins. “You have seen the results of civic polls in Maharashtra yesterday. Read More

Topics

Right Dose Of Merit: Higher Degree Doesn’t Mean Automatic Eligibility For Job, Rules Supreme Court

The SC upheld the validity of recruitment rules framed by the State of Bihar, with Diploma in Pharmacy as the essential qualification for appointment to the post of Pharmacist Go to Source Read More

‘Communal reason for not getting work?’ Remark by AR Rahman sparks outcry

Composer A R Rahman’s claims that he possibly faced instances of “communal” discrimination in the last eight years in Bollywood caused an outcry on Saturday. Read More

Trump tariff threat over Greenland ‘unacceptable’, European leaders say

10 minutes ago ShareSave Henri Astierand Bernd Debusmann Jr,White House correspondent ShareSave Reuters A threat by President Donald Trump to impose fresh tariffs on eight allies opposed to his proposed takeover of Greenland has drawn c Read More

PM: Gen Z trusts BJP’s development model

The country’s Gen Z believes in BJP, PM Modi said in poll-bound Bengal Saturday, pointing to the party’s recent civic poll wins. “You have seen the results of civic polls in Maharashtra yesterday. Read More

Why Aamir said yes to Dev Anand’s Awwal Number without script

Today, Aamir Khan is known as Bollywood’s ultimate perfectionist—an actor who refuses to associate with a film unless he is fully convinced by its script. Read More

Speculation rises over Bangladesh EC favouring anti-India voices in polls

DHAKA: Speculation over whether the administration is favouring anti-India voices in parliamentary polls intensified after Election Commission (EC) Saturday cancelled the candidacy of BNP’s Monzurul Ahsan Munshi while upholding Read More

Related Articles