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The Supreme Court of India is poised to embark on a crucial constitutional journey, commencing August 19, 2025, with a nine-day hearing concerning a Presidential Reference regarding the powers of Governors and the President in relation to state bills. This case, before a five-judge Constitution Bench led by Chief Justice B R Gavai, alongside Justices Surya Kant, Vikram Nath, PS Narasimha, and AS Chandurkar, will delve into the core question of whether the Supreme Court possesses the authority to set timelines for Governors and the President to act on bills passed by state legislatures, as stipulated under Articles 200 and 201 of the Indian Constitution. The timing of this hearing is significant, as it follows a period of increasing tension between state governments and Governors, particularly in states governed by parties different from the ruling party at the Centre. These tensions often revolve around the Governor's role in assenting to or withholding assent from state bills, leading to delays and accusations of political interference. The Presidential Reference itself is a direct consequence of a prior judgment, specifically the April 8, 2025 decision in State of Tamil Nadu vs Governor R.N. Ravi, where a two-judge Bench found the Governor's refusal to assent to ten state bills to be illegal and arbitrary. This ruling sparked considerable debate and raised fundamental questions about the balance of power between the executive and the judiciary. The legal complexities of this case are considerable, involving intricate interpretations of constitutional provisions and precedents. The core issue centers around the discretion afforded to Governors and the President under Articles 200 and 201. These articles outline the process by which a bill passed by a state legislature is presented to the Governor for assent. The Governor has several options: assent to the bill, withhold assent, or return the bill to the legislature with a message requesting reconsideration. If the bill is passed again by the legislature, with or without amendments, the Governor is then required to assent to it. However, the Constitution does not explicitly specify a time limit within which the Governor must act. This lack of a specific timeline has led to situations where bills have languished for extended periods, effectively stalling legislative action. The Presidential Reference seeks clarity on whether the courts can impose such timelines, given the absence of express provisions in the Constitution. Furthermore, the Reference challenges the Supreme Court's invocation of Article 142 in the State of Tamil Nadu case. Article 142 empowers the Supreme Court to pass decrees or orders necessary for doing complete justice in any cause or matter pending before it. In that case, the Court invoked Article 142 to declare that the ten withheld bills were deemed to have been assented to on the date they were re-presented to the Governor by the state legislature. This action was seen by some as an overreach of judicial power, particularly by former Vice President Jagdeep Dhankhar, who characterized it as a "nuclear missile against democratic forces." The impending hearing promises to be a battle of legal titans, with prominent senior advocates representing various state governments and the Union government. The state governments of Kerala and Tamil Nadu, which have been at the forefront of challenging the Governor's actions, will raise preliminary objections challenging the very maintainability of the Presidential Reference. This indicates a fundamental disagreement with the Union government's approach and a determination to defend the states' legislative autonomy. Senior advocates KK Venugopal and AM Singhvi will lead the arguments on August 19, initiating the submissions from states opposing the Reference. They will be followed by Kapil Sibal, Rakesh Dwivedi, and Gopal Subramanian, who will present arguments on August 19, 20, 21, and 26. On the opposing side, Attorney General R Venkataramani and Solicitor General Tushar Mehta will lead the arguments in support of the Reference, responding to the states' contentions on August 28, September 2, 3, and 9. The strict timeline imposed by the Bench underscores the importance and urgency of the matter. The designation of nodal counsels, Aman Mehta for the supporters and Misha Rohatgi for the opposers, further highlights the organized and structured approach to the proceedings. The outcome of this Presidential Reference will have far-reaching implications for the relationship between the Union and the states, the role of the Governor, and the overall balance of power in the Indian constitutional framework. It will shape the interpretation of Articles 200 and 201 for years to come and will likely influence the future conduct of Governors and the President in relation to state legislation. The core of the dispute lies in differing interpretations of constitutional provisions and the balance between executive discretion and judicial oversight. Some argue that Governors should have unfettered discretion in assenting to bills, as they are representatives of the President and are responsible for ensuring that state laws are consistent with the Constitution. Others contend that Governors should act in a timely manner and should not unduly delay the legislative process, as this can undermine the will of the people as expressed through their elected representatives. The Supreme Court's decision will need to strike a delicate balance between these competing viewpoints, while also upholding the principles of federalism and the rule of law. The questions raised in the Presidential Reference are not merely academic legal issues; they have real-world consequences for the governance of states and the ability of state governments to implement their legislative agendas. Delays in assenting to bills can stall important development projects, hinder social welfare programs, and create uncertainty and instability. The Reference also forces the Supreme Court to consider its own role in safeguarding constitutional values and ensuring that the actions of the executive branch are consistent with the Constitution. The invocation of Article 142 in the State of Tamil Nadu case was a bold step, and the Court will need to justify its use of this extraordinary power in the context of the present dispute. Ultimately, the Presidential Reference provides an opportunity for the Supreme Court to clarify the constitutional framework governing the relationship between the Union and the states, the powers of the Governor and the President, and the role of the judiciary in upholding the Constitution. The outcome will be closely watched by constitutional scholars, political analysts, and the general public alike, as it will have a significant impact on the future of Indian democracy.
The debate surrounding the Governor's powers and the President's role in state legislation is not new; it has been a recurring theme in Indian politics since independence. The framers of the Constitution grappled with the question of how to balance the need for a strong central government with the desire to preserve the autonomy of the states. The Governor was conceived as a bridge between the Union and the states, a representative of the President who could ensure that state governments acted in accordance with the Constitution. However, the Governor's role has often been contentious, particularly when the Governor is appointed by a political party different from the one in power in the state. In such situations, Governors have been accused of acting as agents of the central government, undermining the autonomy of the state government and using their powers to further the interests of the ruling party at the Centre. The lack of a specific timeline for the Governor to act on state bills has been a major source of friction. This ambiguity has allowed Governors to delay or even block legislation that they disapprove of, often on political grounds. The Supreme Court has, on several occasions, attempted to address this issue, but the lack of a clear constitutional mandate has limited its ability to impose strict time limits. The Presidential Reference is therefore a crucial opportunity for the Court to provide much-needed clarity on this issue. The questions raised in the Reference are not limited to the specific context of the State of Tamil Nadu case; they have broader implications for the entire federal structure of India. If the Court rules that it cannot impose timelines on the Governor or the President, it would effectively give them unlimited discretion to delay or block state legislation. This could significantly weaken the autonomy of the states and undermine the principles of federalism. On the other hand, if the Court rules that it can impose timelines, it would need to provide clear guidelines on how those timelines should be determined and enforced. This could potentially lead to a flood of litigation, as state governments seek to challenge the Governor's actions in court. The invocation of Article 142 in the State of Tamil Nadu case has also raised important questions about the limits of judicial power. Article 142 is a powerful tool that allows the Supreme Court to do complete justice in any case before it. However, it is also a controversial provision, as it can be used to override existing laws and even to create new ones. Critics argue that the Court should use Article 142 sparingly, and only in cases where there is no other way to achieve justice. In the State of Tamil Nadu case, the Court used Article 142 to declare that the withheld bills were deemed to have been assented to. This was a highly unusual step, and it has been criticized by some as an overreach of judicial power. The Presidential Reference gives the Court an opportunity to revisit this issue and to clarify the circumstances in which Article 142 can be used. The debate over the Governor's powers and the President's role in state legislation is ultimately a debate about the nature of Indian federalism. India is a federal country, but it also has a strong central government. The Constitution attempts to strike a balance between these two competing principles, but the balance is often delicate and contested. The Presidential Reference provides an opportunity for the Supreme Court to re-examine this balance and to provide guidance on how it should be maintained in the future. The outcome of the Reference will have a significant impact on the relationship between the Union and the states, the role of the Governor, and the overall functioning of Indian democracy. It is therefore essential that the Court carefully consider all the arguments and precedents before reaching a decision.
Furthermore, the perspective of the state governments challenging the Presidential Reference is crucial to understanding the underlying tensions. States like Tamil Nadu and Kerala view the Governor's actions as a deliberate attempt to undermine their democratically elected governments. They argue that the Governor is using his powers to obstruct legislation that is aligned with the wishes of the people of the state, effectively acting as an unelected veto. This is seen as a violation of the principles of federalism and democratic self-governance. The states also argue that the lack of a timeline for the Governor to act on bills creates a situation where the Governor can indefinitely delay or block legislation, rendering the state legislature powerless. This is particularly problematic when the state government is controlled by a party different from the one in power at the Centre. In such situations, the Governor can be perceived as acting on behalf of the central government, using his powers to undermine the state government and further the interests of the ruling party at the Centre. The states also point to the fact that the Governor is not directly accountable to the people of the state. He is appointed by the President, on the advice of the central government, and can be removed at any time. This lack of accountability makes it difficult for the state government to hold the Governor responsible for his actions. The states argue that the Presidential Reference is an attempt by the central government to further strengthen the Governor's powers and to weaken the autonomy of the states. They see it as a part of a broader trend of centralization, where the central government is increasingly encroaching on the powers and responsibilities of the states. The states are also concerned about the implications of the Presidential Reference for the future of Indian federalism. They believe that if the Supreme Court rules in favor of the central government, it would significantly weaken the autonomy of the states and undermine the principles of federalism. This could lead to a situation where the states are increasingly dependent on the central government and are unable to effectively govern themselves. The states are therefore determined to fight the Presidential Reference and to defend their autonomy and their right to govern themselves. They are prepared to argue that the Governor's powers should be limited and that the Governor should be required to act in a timely manner on state bills. They are also prepared to argue that the Supreme Court has the power to impose timelines on the Governor and the President, in order to ensure that state legislation is not unduly delayed or blocked. The states believe that this is essential to preserving the principles of federalism and democratic self-governance in India. The Presidential Reference is therefore a crucial test of the strength of Indian federalism and the ability of the states to defend their autonomy and their right to govern themselves. The outcome of the Reference will have a significant impact on the future of Indian democracy and the relationship between the Union and the states.
The role of the Attorney General and the Solicitor General in this case is also noteworthy. As the highest law officers of the Union government, they are tasked with defending the President's Reference and articulating the Union government's position on the constitutional questions at hand. Their arguments will likely center on the need to maintain a balance between the powers of the Union and the states, and on the importance of upholding the President's prerogative to seek the Supreme Court's opinion on matters of constitutional significance. They may also argue that imposing strict timelines on the Governor and the President could unduly restrict their ability to carefully consider state legislation and to ensure that it is consistent with the Constitution. The Attorney General and the Solicitor General will also need to address the concerns raised by the state governments, and to explain why the Union government believes that the Presidential Reference is necessary and justified. They may argue that the Reference is not an attempt to undermine the autonomy of the states, but rather to clarify the constitutional framework and to provide guidance on how the Governor and the President should exercise their powers in relation to state legislation. The Attorney General and the Solicitor General will also likely draw on past precedents and scholarly commentary to support their arguments. They may cite previous Supreme Court decisions that have affirmed the importance of maintaining a balance between the powers of the Union and the states, and that have recognized the President's prerogative to seek the Court's opinion on constitutional matters. They may also refer to scholarly writings that have argued for a broader interpretation of the Governor's powers, and that have cautioned against imposing strict timelines on the Governor and the President. The arguments of the Attorney General and the Solicitor General will be closely scrutinized by the state governments and by legal experts. Their success in defending the Presidential Reference will depend on their ability to persuade the Supreme Court that the Union government's position is consistent with the Constitution and with the principles of federalism. The Presidential Reference is a complex and multifaceted legal challenge, and the arguments of all parties involved will need to be carefully considered by the Supreme Court. The outcome of the Reference will have far-reaching implications for the future of Indian democracy and the relationship between the Union and the states. It is therefore essential that the Court approach this case with the utmost care and diligence, and that it base its decision on a thorough understanding of the Constitution and the relevant legal precedents.
Finally, the scheduling of rejoinders for September 10th emphasizes the Court's commitment to a thorough and comprehensive examination of the issues at hand. Rejoinders provide an opportunity for the opposing sides to respond to the arguments made by the other side, allowing for a more nuanced and informed understanding of the complex legal and constitutional issues involved. This process ensures that all perspectives are adequately considered before the Court renders its final decision. The strict adherence to the timeline mandated by the Bench reflects the urgency and importance of the matter. The Court recognizes that the questions raised in the Presidential Reference have significant implications for the functioning of the Indian federal system and the relationship between the Union and the states. A timely resolution is therefore essential to avoid further uncertainty and to provide clarity on the respective powers and responsibilities of the Governor, the President, and the state legislatures. The designation of nodal counsels, Aman Mehta and Misha Rohatgi, to coordinate between the parties is a practical measure designed to facilitate the smooth and efficient conduct of the proceedings. These nodal counsels will be responsible for ensuring that all relevant documents are properly filed and exchanged, and that the arguments are presented in a clear and organized manner. This will help to streamline the process and to ensure that the Court is able to focus on the key issues in dispute. The Presidential Reference is a significant event in the history of Indian constitutional law. It raises fundamental questions about the balance of power between the Union and the states, the role of the Governor, and the powers of the Supreme Court. The outcome of the Reference will have a lasting impact on the Indian federal system and the future of Indian democracy. The Supreme Court's decision will be closely watched by all stakeholders, including the Union government, the state governments, legal scholars, and the general public. It is therefore essential that the Court approach this case with the utmost care and diligence, and that it base its decision on a thorough understanding of the Constitution and the relevant legal precedents. The Court's decision will not only resolve the specific issues raised in the Presidential Reference, but it will also provide guidance for future disputes involving the interpretation of the Constitution and the relationship between the Union and the states. It is therefore a decision of immense importance that will shape the future of Indian democracy for years to come.
Source: Supreme Court to hear Presidential Reference on Governor powers from August 19