Core Issue
Presidential Reference (Art. 143) seeks SC’s opinion on:
"Can courts impose timelines on the President/Governors to act on Bills passed by legislatures?"
- Trigger: SC’s April 2025 verdict (Tamil Nadu case) that held Governor’s delay in assenting to re-passed Bills as illegal and set enforceable timelines.
- Bench: 5-judge Constitution Bench (CJI B.R. Gavai).
Constitutional Provisions
| Article | Provision | Significance |
|---|---|---|
| Art. 143 | President may seek SC’s opinion on legal/constitutional questions. | Advisory jurisdiction; 14 References since 1950. |
| Art. 200 | Governor may assent, withhold assent, or reserve a Bill for the President. | No timeline specified. |
| Art. 141 | SC’s law-declaring power is binding on all courts. | Advisory opinions not binding under Art. 141. |
Key Questions in Reference
- Can courts direct constitutional authorities (President/Governors) to act within deadlines?
- Does fixing timelines violate the doctrine of separation of powers?
- Scope of judicial review over discretionary powers of Governors.
SC’s April 2025 Verdict: Key Highlights
- Case: TN vs Governor R.N. Ravi (delay in 10 re-passed Bills).
- Ruling:
- Governors must act on Bills "as soon as possible."
- Delays beyond "reasonable time" unconstitutional.
- First time enforceable timelines imposed.
- Impact: Governors in Kerala, Punjab, Telangana directed to clear pending Bills.
SC’s Advisory Jurisdiction: Critical Aspects
| Aspect | Detail |
|---|---|
| Binding Value | Advisory opinions are persuasive, not binding (St. Xavier’s Case, 1974). |
| Discretion to Refuse | SC may decline if: (a) Political question (Ayodhya Refusal, 1993); (b) Sub judice (Faruqui Case, 1994). |
| Limits | Cannot review own judgments (Cauvery Case, 1991). |
Way Forward & Implications
- For Federalism:
- Timelines prevent Governors from sabotaging state legislatures (esp. opposition-ruled states).
- Ensures cooperative federalism by curbing arbitrary delays.
- For Separation of Powers:
- Judicial fixing of deadlines may encroach on executive discretion.
- Potential Outcomes:
- SC may clarify "reasonable time" (e.g., 30 days) without overruling April verdict.
- Broader guidelines for Governor’s role as a constitutional conduit (not a veto point).