Supreme Court to Resume Hearing on Presidential Reference Today

Speedy Summary

• Issue Under Review: Teh supreme Court’s Constitution Bench is hearing a Presidential Reference seeking clarity on the imposition of fixed timelines for Governors and the President when handling bills passed by State legislatures.
• Background: Previously, on April 8, 2025, the Supreme Court invoked inherent powers to provide deemed assent to ten State Bills that where held up by Tamil Nadu Governor R.N.Ravi for two to five years. It also prescribed a time frame of one to three months for Governors’ decisions on bills.
• President’s Query: President Droupadi Murmu has posed 15 questions in her reference to clarify if courts can set timelines and mandate conduct for Governors and Presidents regarding assent or reservation of State bills.
• Attorney General’s Argument: Attorney General R. Venkataramani argued that Governors can independently withhold assent outside the advice of their Council of Ministers.
• Nature of Hearing: The Bench clarified it is providing an opinion rather than overruling prior judgments related to Tamil Nadu Governor’s actions.

Image: The Supreme court of India in New Delhi | Photo Credit: The Hindu

Read More

Indian Opinion Analysis

The constitutional question under deliberation holds significant implications for governance dynamics at both state and central levels. At its core lies the balance between legislative authority, executive action (through Governors/President), and judicial interpretation within India’s federal framework.

Historically contentious relationships between state governments and governors often involve delays in bill processing, potentially exacerbated when governors act independently from state executive advice. While safeguarding constitutional checks is vital, prolonged withholding or non-assent risks undermining democratic will represented by elected legislatures.

Resolution through defined timelines could standardize administrative processes but raises concerns about judiciary encroaching upon executive prerogatives as highlighted by both sides during this hearing. Ultimately, clarity provided through this Presidential Reference may streamline procedures without undermining federal principles enshrined in India’s Constitution.

Read More