Reference No.2/2005
89
(1.1) The President may, after
consultation with Council of State,
refer any Bill to which this article
applies to the Supreme Court for a
decision on the question as to whether
such Bill or any specified provision or
provisions of such Bill is or are
repugnant to this Constitution or to any
provision thereof.
(1.2) Every such reference shall be
made not later than the seventh day
after the date on which such Bill have
been presented by the Prime Minister
to the President for his signature.
(1.3) The President shall not sign any
Bill the subject of a reference to the
Supreme Court under this article
pending the pronouncement of the
decision of the Court.
(2.1) The Supreme Court consisting of
not less than five judges shall consider
every question referred to it by the
President under this article for a
decision, and, having heard arguments
by or on behalf of the Attorney General
and by counsel assigned by the Court,
shall pronounce its decision on such
question in open court as soon as may
be, and in any case not later than sixty
days after the date of such reference.
(2.2) The decision of the majority of the
judges of the Supreme Court shall, for
the purpose of this article, be the
decision of the Court and shall
pronounced by such one of those judges
as the Court shall direct, and no other
opinion, whether assenting or
dissenting, shall be pronounced nor
shall the existence of any such other
opinion be disclosed.
(3.1) In every case in which the
Supreme Court decides that any
provision of a Bill the subjection of a
reference to the Supreme Court under
this article is repugnant to the
Constitution or to any provision
thereof, the President shall decline to
sign such Bill.
(3.2) If, in the case of a Bill to which
Article 27 applies, a petition has been
addressed to the President under that
article, that article shall be complied
with.
(3.3) In every other case the President
shall sign the Bill as soon as may be
after the date on which the decision of
the Supreme Court shall have been
pronounced.
86. A comparison of above Articles with Article 186 of the Constitution,
conferring advisory jurisdiction upon this Court, reveals that in Article