SC Advisory on Presidential Reference (Governors’ Timelines)

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Why in News?

The Supreme Court is set to deliver its advisory opinion on whether it can prescribe timelines for Governors/President in clearing State Bills.

Description:

Constitutional Background:
(a) Article 200 – Governor’s options on State Bills: Assent, withhold assent, Return for reconsideration (except Money Bills), Reserve for President.
(b) Article 201 – President’s options: Assent, withhold assent, Return Bill to State Legislature (if not a Money Bill).
(c) Article 143 – Presidential Reference:
  • President may seek advisory opinion of the SC:
    • Art. 143(1) – on questions of law or fact of public importance. May tender or may refuse to tender its opinion. E.g., the Supreme court has declined to provide its opinion in 1993 with respect to the Ram Janmabhoomi case.
    • Art. 143(2) – on disputes arising out of pre-Constitution treaties. Must tender its opinion.
Why the Presidential Reference?
  • SC (April 8 judgment) imposed timelines on Governors and President for dealing with State Bills.
  • President sent 14 questions to the SC under Article 143 regarding:
    • Separation of powers
    • Executive discretion vs judicial review
    • Federal balance
    • Extent of Supreme Court’s powers under Article 142
The April 8 Supreme Court Judgment (Trigger Point):

SC held:

  1. Governor cannot delay Bills indefinitely.
  2. Mandatory timelines imposed:
    1. 3 months → Governor must decide on assent/withhold/return/reserve.
    1. If Bill is returned → State Legislature reconsiders → If re-passed:
    1. 1 month → Governor must send Bill to President.
    1. 3 months → President must take a decision.

SC also called Governor’s act of reserving 10 TN Bills as “illegal” and “erroneous”.

Why the Presidential Reference is Significant?
  • Instead of filing a review petition, the Executive invoked Article 143 → elevates the issue to a constitutional dialogue.
  • It concerns: Boundaries of judicial power. Extent of executive discretion. Working of federal democracy. Powers of Governor and President when dealing with State Legislatures.
Key Pointers:
  • SC advisory opinion under Art. 143 is NOT binding.
  • Governor acts on aid and advice of State Council of Ministers, except in discretionary matters.
  • Delaying Bills is not an enumerated discretionary power.
  • President acts on aid and advice of Union Council of Ministers (Art. 74).
  • Judicial review extends to constitutional inaction (SC doctrine).
  • Issue directly tests the basic structure principles.

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