– Governor’s options and responsibilities when presented with a bill under Article 200.
– Whether Governors are bound by advice from the Council of Ministers in such cases.- Justiciability and judicial review related to actions taken by Governors and Presidents regarding bill assent timelines or discretion powers.
– Limits of judicial intervention through Articles like 142 and clarity on whether existing mechanisms balance Union-State disputes adequately.
The Presidential Reference underscores critical dilemmas in interpreting executive powers concerning legislative processes. Constitutional articles guiding the President’s or Governor’s discretion have historically lacked prescribed timeframes, leading to ambiguities that prompted judicial scrutiny in landmark cases like Tamil Nadu v. Governor (2025). While addressing these issues through legal adjudication could ensure smoother governance mechanisms, it also carries implications for federal power dynamics between states and central authorities.
By raising broader questions about justiciability, binding advice, discretionary authority, and judicial review criteria concerning executive actions, this reference aims not onyl at resolving immediate conflicts but also at establishing clarity for future disputes. Successive cases will likely shape India’s evolving interpretation of constitutional law amidst competing priorities between state autonomy and centralized oversight.For more details:
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