Supreme Court to Resume Presidential Reference Hearing Today

Fast Summary

• The Supreme Court is set to resume hearings on a Presidential Reference on Tuesday,September 2,2025.
• The Presidential reference was made by president Droupadi Murmu under Article 143 of the Constitution,seeking the apex court’s opinion on certain legal questions.
• The Center argued that State governments cannot invoke writ jurisdiction in the Supreme Court against actions of the President or Governors related to bills passed by State legislatures alleging violations of fundamental rights.
• Tamil Nadu countered this argument, asserting that gubernatorial discretion is not absolute and Governors cannot act as “super Chief ministers.” Legal submissions highlighted that there should not be “two swords in the same scabbard.”
• Solicitor General Tushar Mehta emphasized the need for clarity regarding States invoking Article 32 for fundamental rights violations associated with Governor or Presidential actions.

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Indian Opinion analysis

The ongoing hearing touches upon notable constitutional principles governing federalism and executive authority in India. The issue centers around whether gubernatorial discretion can be wide enough to cause delays or obstructions inconsistent with democratic governance, as alleged by Tamil Nadu’s legal team.

The implications of this case could establish clearer boundaries for Governors’ roles vis-à-vis State legislators’ autonomy while safeguarding fundamental rights through judicial review. It also raises critical questions about whether States can challenge potential constitutional overreaches through Article 32-a move likely celebrated as a check against centralization but scrutinized for its legal feasibility.

This matter reinforces India’s constitutional emphasis on balancing power between states and central authorities while ensuring accountability mechanisms within institutions like gubernatorial offices and presidential powers. Future rulings may influence how federal-state dynamics evolve within India’s governance model.