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July 22, 2025

Presidential Reference Case: Supreme Court to Clarify Powers of Governors and President

The CSR Journal Magazine

In an important development, President Droupadi Murmu has asked the Supreme Court for its opinion on a very crucial question: How much time can Governors and the President take to approve or reject bills passed by state assemblies? This comes after concerns were raised across the country over Governors taking too long to act on bills sent by state governments.

What is a Presidential Reference?

A Presidential Reference happens when the President of India asks the Supreme Court for advice on important legal or constitutional questions. This is done under Article 143 of the Indian Constitution. The Supreme Court then listens to the arguments and gives its opinion. While the opinion is not mandatory for the government to follow, it is respected and usually sets a precedent for future cases.

Why Did the President Make This Reference?

Recently, some Governors, especially in states ruled by opposition parties, were delaying their decisions on bills passed by their state legislatures. This caused frustration among state governments, who argued that such delays were stopping public welfare laws from coming into effect. In some cases, the Supreme Court even set deadlines and took special steps (under its constitutional powers) to prevent bills from being blocked by inaction.

Because of these controversies, the President approached the Supreme Court with several questions. Mainly, she wanted to know:

– Can the Supreme Court set a strict deadline for Governors or the President to act on bills?

– If Governors or the President delay or refuse to give assent, can their actions be checked by the courts?

– Is the Supreme Court allowed to consider a bill as approved (“deemed assent”) if there is too much delay?

What is the Supreme Court Now Considering?

The Supreme Court has started hearing the matter and has asked all state governments and the Centre to give their views. The judges are looking into the exact powers of the Governors and the President under the Constitution. They are also checking if courts can interfere if these constitutional authorities do not act on time.

Another important point is being discussed: If state governments have a dispute with the Governor or the Centre, should they come to the Supreme Court directly, or should they take some other legal route first?

Why is This Important?

This case is being followed all over India, especially in states where Governors and state governments do not belong to the same political party. Delays in giving assent to bills can stop new laws meant for people’s welfare. The outcome of this case will affect how quickly laws can be passed in the future and will set rules for Governors and the President. It will also make clear when and how courts can step in if there is an unnecessary delay.

What Happens After the Supreme Court’s Opinion?

Once the Supreme Court finishes hearing everyone and gives its answer, the President and the government will decide what to do next. Even though the court’s advice is not binding, it will be respected and followed in most cases. The decision will become an important guideline for the whole country.

The Presidential Reference case is a big test for India’s Constitution. It shows how, if there is any confusion or dispute, the country’s top leaders and the Supreme Court can work together to find a solution. The case will hopefully bring more clarity and ensure that the process of making laws in India works smoothly and fairly for all states.

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