New Delhi: The Government of India has told the Supreme Court that state governments cannot invoke writ jurisdiction in moving the apex court against the actions of the President and the Governor in dealing with the bills passed by assemblies for violation of fundamental rights.
A five-judge Constitution Bench headed by Chief Justice BR Gavai was told by Solicitor General Tushar Mehta, appearing for the Government of India, that the President would like to have an opinion of the apex court on whether states can file writ petitions under Article 32 of the Constitution for violation of fundamental rights.
He said the President would also like to have an opinion on the scope of Article 361 of the Constitution which says the President or the Governor will not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done.
