Presidential Reference on Governor & President’s Powers: A Constitutional Tussle Before the Supreme Court
📅 Hearing Begins: July 22, 2025 | 🔎 For UPSC: Articles 143, 142, 200, 201, 145(3)
🧭 Why This Matters?
A Presidential Reference under Article 143 seeks clarity on a crucial governance question:
Can the Supreme Court impose timelines and procedures on the President and Governors for assenting to State Bills?
This follows a controversial judgment that used Article 142 to grant “deemed assent” to 10 State Bills in Tamil Nadu — a move the Centre says contradicts the Constitution.
🧑⚖️ What Triggered This Reference?
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🗓️ April 8, 2025: A two-judge SC bench (Justices J.B. Pardiwala & R. Mahadevan) ruled:
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Tamil Nadu Governor’s delay in clearing 10 Bills = illegal
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Invoked Article 142 to grant deemed assent to all 10 Bills
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⚠️ Result: The Centre felt the ruling overstepped constitutional limits, hence the Presidential Reference to a 5-judge Constitution Bench.
🧾 What the Constitution Says
| Article | Provision | Key Issue in This Case |
|---|---|---|
| 143 | President may seek SC’s opinion on matters of public importance | Used to initiate the reference |
| 200 | Governor’s options on State Bills: assent, withhold, return, or reserve for President | No timeline mentioned → misuse alleged |
| 201 | President’s discretion on reserved Bills | Again, no deadline → legislative paralysis risk |
| 142 | SC’s power to do “complete justice” | Can it override constitutional provisions? |
| 145(3) | Constitutional questions must be heard by min. 5 judges | The previous 2-judge verdict bypassed this |
❓ Key Questions Raised in the Reference
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Can courts impose time limits on Governor/President where Constitution is silent?
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Is the “deemed assent” concept valid under Indian Constitutional law?
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Can Article 142 override Articles 200/201?
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Are the decisions of President/Governor justiciable before a Bill becomes law?
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Can a 2-judge Bench interpret the Constitution without a 5-judge Bench under Article 145(3)?
🧠 This is a rare moment of constitutional clarification on the working of Centre-State legislative dynamics.
🏛️ Constitution Bench to Hear the Case
👨⚖️ Headed by:
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CJI D.Y. Chandrachud (CJI B.R. Gavai’s Bench will preside)
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With Justices: Surya Kant, Vikram Nath, P.S. Narasimha, A.S. Chandurkar
📌 Why It’s Crucial for UPSC Aspirants
🔺 Prelims Focus:
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Articles 143, 142, 200, 201, 145(3)
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Terms: Presidential Reference, Assent to Bills, Deemed Assent
🔺 Mains GS Paper 2:
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Separation of Powers: Judiciary vs Executive
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Federalism: Centre-State relations in lawmaking
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Judicial Activism vs Restraint
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Constitutional Morality & Legislative Supremacy
🔺 Interview Scenario:
"If a Governor keeps delaying a State Bill, should the judiciary intervene?"
"Does Article 142 allow courts to bypass written procedures in the Constitution?"
⚖️ Expert Take: Balance vs Overreach
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Proponents of Article 142 argue it ensures justice when executive fails.
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Critics warn it risks turning judiciary into an extra-legislative authority.
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Governor’s delay = misuse of undefined powers → legislative deadlock.
🧨 Vice-President Jagdeep Dhankhar called Article 142 a “nuclear missile” against democratic forces.
📚 Case Law & Precedent
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S.R. Bommai v Union of India (1994): Explained limits of Governor’s role.
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Rameshwar Prasad v Union of India (2006): Misuse of Governor’s discretion struck down.
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Ram Jawaya Kapoor v State of Punjab (1955): Laid foundation for executive accountability.
🧠 Ethical & Governance Dilemma
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Should constitutional silences be filled by courts?
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Can public interest override strict interpretation?
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Is federalism under threat when Governors block elected government’s laws?
📝 Conclusion: Awaiting Judicial Wisdom
“The Constitution is not silent. But silence doesn’t mean surrender.”
This Article 143 reference will clarify the limits of judicial power, and strengthen the framework for legislative efficiency and executive accountability.
A judgment here will reshape constitutional law and federal governance for years to come — and UPSC aspirants must be prepared to understand, analyse, and articulate it.
🎓 Suryavanshi IAS – Where Knowledge Meets Constitution
📍 Centre: Rahul Vihar, Indira Nagar, Lucknow
📞 Contact: 6306446114 | Online classes available nationwide
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