Presidential Reference to Supreme Court on Articles 200 and 201

The Supreme Court is examining a Presidential reference from May 2025, which seeks clarity on 14 questions regarding Articles 200 and 201 of the Indian Constitution. This follows a Supreme Court judgment in April 2025 concerning timelines for Governors and the President to act on State legislature-passed Bills.

Supreme Court Judgment: April 2025

• The judgment specified a three-month timeline for Governors to decide on Bills passed by State legislatures and for the President to decide on State Bills reserved for his/her consideration.
• The Court ruled that decisions, including delays, are subject to judicial review.

Article 200: Governor's Role

• When a Bill is presented, the Governor has four options: 
  1. Assent to the Bill.
  2. Withhold assent, effectively rejecting the Bill.
  3. Return the Bill for reconsideration by the State Legislature.
  4. Reserve the Bill for the President's consideration.
• The Governor must act on the advice of the Council of Ministers, except in rare discretionary cases.
• No specific time limit exists for the Governor's decision-making, but it should be "as soon as possible."

Article 201: President's Role

• No timeline is specified for the President to decide on reserved Bills, but the judgment prescribes a three-month period.

Discretionary Powers and Political Concerns

• The Centre argues Governors have discretion under Article 163, which cannot be judicially questioned.
• Opposition-ruled States claim Governors deliberately delay assent or reserving Bills contrary to ministerial advice.

Federalism and Gubernatorial Role

• Concerns about politicization of the Governor's role affecting federalism have been raised.
• Calls for abolition or reform of the Governor's post have been made by various political leaders.

Supreme Court's Interpretative Role

• The Court has previously set timelines for constitutional actions, such as in the K.M. Singh case (2020).
• In its April 2025 judgment, the Court interpreted "Governor shall" in Article 200 as a non-discretionary mandate.

The Supreme Court's opinion on the Presidential reference is anticipated to reinforce the April 2025 judgment, promoting democratic and federal principles.