Supreme Court's Ruling on Presidential Reference
The Supreme Court of India addressed the 16th Presidential Reference, providing a significant opinion on the roles of Governors and the President in the legislative process.
Key Aspects of the Ruling
- Judicial Limitations: The court emphasized that the judiciary cannot impose strict deadlines on Governors and the President for disposing of State Bills.
- Doctrine of Separation of Powers: It was highlighted that any attempt to assume the functions of Governors or the President violates the Constitution’s basic structure.
- Prohibition of Inaction: The court noted that Governors and the President must avoid undue delays in approving State Bills, as this obstructs the democratic process and the implementation of welfare laws.
Judicial Bench
- The opinion was delivered by a five-judge Bench, including Chief Justice B.R. Gavai and Justices Surya Kant, Vikram Nath, P.S. Narasimha, and A.S. Chandurkar.
- The 111-page document was collectively presented as the ‘Opinion of the Court,’ with no individual authorship claimed.
The ruling underscores the balance of power between the judiciary, the executive, and the legislature, reinforcing the principle of separation of powers.
