During a recent Supreme Court hearing concerning a presidential reference regarding the timelines for Governors to clear state bills, Chief Justice of India (CJI) BR Gavai drew attention to the significance of the Indian Constitution, referencing the ongoing unrest in neighboring Nepal and Bangladesh.
CJI Gavai emphasized, "We are proud of our Constitution... Look at what is happening in our neighboring states... Nepal, we saw...". Justice Vikram Nath echoed this sentiment, mentioning the violent protests in Bangladesh from the previous year. These observations were made in the context of a hearing addressing whether the Supreme Court can establish timelines for the President and Governors when considering bills passed by state legislatures.
The situation in Nepal involves widespread protests, initially sparked by a government ban on social media platforms, which then evolved into a broader anti-corruption movement. These demonstrations have resulted in violence, with protestors targeting government and private buildings, as well as the homes and offices of government officials. The army has been deployed to restore order, imposing restrictions on public movement and gatherings. Amid the unrest, there have also been reports of a significant jailbreak, with thousands of inmates escaping from prisons across multiple districts. The Prime Minister, KP Sharma Oli, has reportedly resigned amidst the chaos.
In Bangladesh, student-led demonstrations last year led to widespread unrest that forced Prime Minister Sheikh Hasina to resign.
Solicitor-General Tushar Mehta defended the actions of governors in reserving bills for over a month. However, Chief Justice Gavai questioned this approach, asking how they could rely on statistics when similar arguments were rejected earlier in court. The Supreme Court had previously criticized the Governor of Tamil Nadu for delaying bills, asserting that bills returned to state legislatures must be cleared within 30 days by either the Governor or President. This ruling has been challenged by the President under Article 143 of the Constitution, which allows the President to seek the court's advice on questions of public importance.
The Supreme Court's observations serve as a reminder of the importance of upholding constitutional principles and maintaining stability, particularly in light of the challenges faced by neighboring nations.