The top court’s observation came in the course of the daylong hearing on the Presidential Reference, where the working of the Constitution was described as a “collaborative exercise” that must ensure one organ does not thwart the functioning of another.
The issue arose during the hearing of a Presidential Reference on whether the judiciary can prescribe timelines for the President and Governors to act on State Bills.
Opening the arguments before a five-judge Constitution Bench comprising Chief Justice BR Gavai, and Justices Surya Kant, Vikram Nath, Pamidighantam Sri Narasimha and Atul S Chandurkar, the Attorney General said:“Can the Court go to the extent of taking pen and paper and rewriting the Constitution?”
