Supreme Court Begins Hearing on Presidential Reference Dispute

Speedy Summary

• A five-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India B.R.gavai, is continuing its hearing on a Presidential Reference regarding legislative powers and Governor actions.
• The reference addresses whether the judiciary can review Governors’ actions, specifically their delays in approving State Bills under Article 200 of the Indian Constitution.
• CJI B.R. Gavai raised a question to BJP-led States about judicial oversight: “If courts can review a Governor’s recommendation for President’s rule under Article 356, why not their discretion under Article 200?”
• Supporting the reference, multiple States (Maharashtra, Rajasthan, chhattisgarh) and the center argued that deadlines cannot be imposed on constitutional authorities like Governors or Presidents.

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Indian Opinion Analysis

This ongoing debate highlights tensions between executive discretion and judicial oversight within India’s federal framework. The Supreme Court asserting potential review over Governors’ delays in acting upon State Bills could set significant precedents. If upheld,such judicial scrutiny might alter power dynamics between central-appointed constitutional authorities (Governors) and elected state governments.

While arguments from BJP-led states emphasize safeguarding governors’ discretionary powers as per Articles 200 & 356 without rigid deadlines-this could lead to prolonged uncertainty for legislative processes at state levels if unchecked. Balancing institutional autonomy wiht accountability remains imperative to ensuring governance efficiency without undermining federalism principles enshrined in India’s Constitution.