SC to Hear Presidential Reference on Governor, President’s Assent to Bills on July 22
Constitution Bench to examine whether judiciary can set timelines for constitutional decisions under Articles 200 and 201
The Supreme Court will on July 22 hear the Presidential Reference under Article 143 of the Constitution on key constitutional questions concerning the grant of assent to Bills by the Governor and the President.
A Constitution Bench comprising Chief Justice of India BR Gavai and Justices Surya Kant, Vikram Nath, PS Narasimha, and AS Chandurkar will deliberate on 13 substantial constitutional questions raised following the Court’s earlier judgment in the Tamil Nadu Governor's case.
The reference was made after the Court ruled that Governors cannot indefinitely delay assent to Bills—a practice often termed a “pocket veto”—and prescribed a maximum three-month period for decision-making under Articles 200 and 201. The ruling also applied to the President, stating that decisions on reserved Bills must be made within three months.
The judgment was met with criticism from Vice President Jagdeep Dhankhar, who questioned whether the judiciary could issue directions to the President. In response, the President has now formally sought the Supreme Court’s opinion under Article 143—a rare constitutional mechanism.
The 13 questions posed include:
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Whether the Governor is bound by the Council of Ministers’ advice while acting under Article 200.
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Whether the President’s and Governor’s discretion is justiciable.
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If courts can prescribe timelines for the exercise of constitutional powers in the absence of express provisions.
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Whether Article 361 bars judicial scrutiny of the Governor’s actions.
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Whether a State law comes into force without the Governor’s assent.
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Whether the Supreme Court's powers under Article 142 can override substantive constitutional provisions.
The Reference will also examine whether courts can judicially intervene at any stage before a Bill becomes law, and whether the President is obliged to consult the Court under Article 143 when a Bill is reserved for assent. This hearing will have significant implications for Centre-State relations and the separation of powers in India’s constitutional structure.
