Presidential Reference on Governor’s and President’s Powers

Presidential Reference on Governor’s and President’s Powers

• The Supreme Court will hear a Presidential Reference under Article 143 on July 22, 2025.

• The reference seeks clarity on whether the judiciary can impose timelines or prescribe procedures for the President and Governors while dealing with State Bills under Articles 200 and 201 of the Constitution.

Constitutional Articles Involved:

• Article 143: Power of the President to consult the Supreme Court for its advisory opinion.

• Article 142: Allows the Supreme Court to pass any order to do “complete justice” in any matter.

• Article 200: Grants the Governor power to assent, withhold assent, or reserve a Bill for President’s consideration.

• Article 201: Deals with Bills reserved by Governor for President’s assent.

Core Issues Raised in the Reference:

1. Can courts impose timelines and prescribe the manner of functioning for the Governor or President under Articles 200 & 201?

2. Are decisions under Articles 200 and 201 justiciable before a Bill becomes law?

3. Can Article 142 be invoked to override constitutional powers of constitutional authorities?

4. Is the idea of “deemed assent” constitutionally valid?

5. Does Article 142 allow the Supreme Court to pass orders contrary to or inconsistent with existing constitutional provisions?

Background Case:

• Tamil Nadu Governor Case (April 2024)

  • A SC bench (Justices J.B. Pardiwala and R. Mahadevan) ruled the Governor's delay in granting assent to 10 Bills was illegal.

  • Invoking Article 142, the court deemed all 10 Bills as having received assent, as the delay defeated constitutional intent.

  • Resulted in default cancellation of Presidential assent to one Bill, rejection of 7, and non-consideration of 2.

Key Judicial Questions Raised in the Reference:

• Can Article 142 override the substantive powers of the President and Governors?

• Can the courts intervene at a stage when the Bill is not yet law?

• Is there any constitutional basis for the concept of deemed assent?

• What are the Governor’s options when a Bill is presented under Article 200?

Critical Quotes & Opinions:

• Vice-President Jagdeep Dhankhar termed Article 142 as a “nuclear missile against democratic forces.”

• The reference questions whether Article 142 should be restricted to procedural law or can substantively alter constitutional provisions.

Relevance for UPSC:

• This is a major constitutional development involving Centre-State relations, Judicial Review, and the limits of Constitutional authorities.

• Interlinks themes of Separation of Powers, Judicial Activism, and Federalism.