Supreme Court Opinion on Presidential Reference
The Supreme Court of India has provided its opinion on a Presidential reference under Article 143, negating a two-judge Bench's decision from April 2025. This reference arose from the State of Tamil Nadu versus Governor of Tamil Nadu case, which had imposed a three-month timeline for the Governor and President to act on Bills passed by State legislatures.
Key Points of the Supreme Court's Opinion
- The Governor has three constitutional options under Article 200 when a Bill is presented:
- Assent to the Bill
- Reserve the Bill for the President's consideration
- Withhold assent and return the Bill to the legislature with comments
- The Governor's discretion in these actions is independent of the Council of Ministers' advice.
- The Governor's functions under Article 200 are not justiciable, but the court can intervene in cases of prolonged and unexplained inaction.
- The court cannot prescribe timelines for the President's or Governor's actions without constitutional mandates.
- Decisions under Articles 201 and 200 are not subject to judicial review before a Bill becomes law.
- The Supreme Court's powers under Article 142 cannot replace the constitutional powers of the President or Governor, rejecting the concept of ‘deemed assent’.
Historical Context and Commissions
- The Sarkaria Commission (1987) suggested that the reservation of Bills for presidential consideration should be rare and under patent unconstitutionality.
- Cases like Shamsher Singh (1974) and Nabam Rebia (2016) emphasized the Governor's reliance on the Council of Ministers' advice.
- The Punchhi Commission (2010) recommended a six-month decision period for Governors on Bills.
Implications and Recommendations
The politicization of the gubernatorial post is a concern, with the Governor serving as a central appointee for national unity. However, federalism is a core constitutional feature. The opinion should not allow Governors to undermine State legislatures. Responsible urgency is recommended for Governors in assenting to State Bills.
