Suryavanshi IAS

Presidential Reference on Governor Assent Delays: A Constitutional Crossroads

By Suryavanshi IAS | UPSC Mains & Interview Series

🔍 Why This Matters for UPSC

The Presidential Reference to the Supreme Court on July 22, 2025, raises core questions about the separation of powers, the role of Governors and the President, and the justiciability of constitutional discretion.

Relevant for:

GS-II: Indian Constitution, Separation of Powers, Federalism, Executive and Judiciary
GS-IV: Ethics in Governance, Accountability
Essay: Democracy, Judicial Activism, Constitutional Morality
Interview: Current debates on Centre–State Relations

📜 The Constitutional Flashpoint: What’s the Issue?

Background:

In April 2024, the Supreme Court held the Tamil Nadu Governor’s delay in granting assent to 10 State Bills as unconstitutional.
The court invoked Article 142 to “deem” the Bills as assented.
This triggered a Presidential Reference (under Article 143) seeking clarity on whether judiciary can impose time limits on the President and Governors under Articles 200 and 201.

⚖️ Key Articles in Focus

Article	Provision
Article 143	Presidential Reference to Supreme Court for advisory opinion
Article 200	Governor's options on State Bills: assent, withhold, or reserve for President
Article 201	Procedure when Bills are reserved for President
Article 142	SC’s power to do “complete justice”
Article 361	Immunity of President/Governors from judicial proceedings

🧭 The Core Constitutional Questions

Can the judiciary impose deadlines on the President or Governor when dealing with State Bills?
Does Article 142 allow the Supreme Court to substitute constitutional powers of the executive (like granting assent)?
Is “deemed assent” constitutional?
Are Governor/President’s actions under Articles 200 & 201 justiciable before the law is enacted?
Can a 2-judge Bench interpret constitutional questions, or is a 5-judge Constitution Bench mandatory under Article 145(3)?
Is Governor bound by the Council of Ministers’ advice under Article 200?
Does Article 361 bar judicial scrutiny of a Governor's actions?

🧠 SC’s April 8 Judgment – Highlights

Held the Governor’s inaction as unconstitutional.
Invoked Article 142 to grant “deemed assent”.
Reiterated that Governors must act on the advice of elected governments.
Stated Governors cannot “sit over” Bills indefinitely, as it subverts democratic will.

🗣️ Presidential Concerns

The Reference criticizes:

Judicial overreach via Article 142.
Introduction of “deemed assent”, which isn’t textually supported by the Constitution.
Whether courts can adjudicate on pending Bills, before they become laws.
Whether Articles 200 and 201 are justiciable at all, given the executive discretion and Article 361 immunity.

🇮🇳 Constitutional Significance

🔷 For Federalism:

Raises the issue of Centre’s interference through Governors in State legislation.
Questions delays as a tool of obstruction, especially when Governors reserve Bills for the President indefinitely.

🔷 For Separation of Powers:

Can the judiciary impose time limits or step in to “complete justice” when constitutional functionaries delay action?
Strikes at the balance between judicial remedies and executive discretion.

⚖️ What Precedents Say

Samsher Singh (1974): Governors are bound by aid and advice of the Council of Ministers, except in a few discretionary cases.
Rameshwar Prasad (2006): Governor’s actions can be reviewed judicially, even under Article 361.
BP Singhal (2010): The Governor is not an agent of the Centre, must act with constitutional objectivity.

🏛️ The Supreme Court’s Response (as of July 22, 2025)

A 5-judge Constitution Bench led by CJI BR Gavai will hear the matter in mid-August, near Independence Day.
Notices issued to all States and the Centre for views on the issue.
All questions in the Reference kept open.
Attorney General & Solicitor General to assist; multiple senior advocates involved.
Kerala and Tamil Nadu question the need for the Reference, citing settled law.

🧩 Key Ethical and Legal Dilemmas

Dilemma	Dimension
Delay in assent	Governance ethics, undermining people’s mandate
Use of Article 142	Judicial activism vs constitutional restraint
Role of Governors	Neutrality vs partisanship
Article 361 immunity	Executive accountability vs legal immunity

💬 What States Say

Tamil Nadu CM Stalin: Called the Reference an attack on federalism; urged other CMs to oppose it.
Kerala: Argued the issue is already settled by SC.
Centre: Open to court’s advisory opinion but skeptical of “deemed assent”.

✍️ UPSC Mains Answer Pointer

Q. Discuss the constitutional and ethical implications of the ongoing Presidential Reference on timelines for assent to State Bills. Should judiciary intervene in executive delays?

Structure:

Introduction: Article 200 & 201, Governor’s role in State legislation.
Constitutional Dilemma: Balance between executive discretion vs judicial oversight.
Federalism & Accountability: Centre-State power dynamics; role of Judiciary as watchdog.
Judicial Interpretation: Article 142 usage, precedents, “deemed assent”.
Ethical Concerns: Democratic delay, constitutional morality, misuse of office.
Way Forward: Codified timelines, SC’s guidance via Constitution Bench, cooperative federalism.

🧠 Conclusion: Why This Matters

This case goes beyond Tamil Nadu or Kerala. It challenges the very meaning of constitutional silence — should it protect inaction or be interpreted to uphold democratic efficiency?

The Supreme Court’s verdict could shape:

The future of Centre–State relations
The scope of judicial activism
And the duty of constitutional functionaries in a parliamentary democracy

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Prepared for Civil Services Mains, Optional (Polity & Law), and Interview