Supreme Court Issues Notices on Presidential Reference
- 22 Jul 2025
On 22nd July 2025, a five-judge Constitution Bench of the Supreme Court issued notices to the Union and all State governments on a Presidential Reference seeking clarity on whether courts can impose timelines and prescribe procedures for the President and Governors while dealing with State legislation under Articles 200 and 201 of the Constitution.
Key Points
- Focus on Articles 200 & 201: The reference questions whether the judiciary can direct the timing and manner in which Governors and the President act on State Bills, particularly in granting or withholding assent.
- Backdrop: The Reference follows the Supreme Court’s April 8 verdict, which declared the Tamil Nadu Governor’s delay and reservation of 10 re-passed Bills for Presidential consideration as illegal.
- Diverging Legal Opinions: Senior advocates for Tamil Nadu and Kerala questioned the maintainability of the Reference, while the Attorney General of India agreed to assist the Court in the matter.
- Court’s Observation: The Chief Justice emphasized that the case affects every State and said that “all questions are open” for consideration.
- Advisory Jurisdiction Invoked: Invoked under Article 143, the Presidential Reference seeks the Court’s advisory opinion on legal questions of public importance. It must be heard by a Bench of at least five judges, as per Article 145.
- Ongoing Debate: Legal experts remain divided—some see the move as a genuine constitutional clarification, while others view it as an attempt to bypass judicial review of an already settled matter.
