Relevance: Indian Polity – Centre–State Relations, Governor’s Role, Constitutional Interpretation
Source: Indian Express, The Hindu, SC Constitution Bench Judgment (2025)
1. Context & News
A 5-judge Constitution Bench answered the 2025 Presidential Reference on the powers of Governors under Article 200.
The Supreme Court held:
- No constitutional timelines exist for the President or Governors to act on State Bills.
- But prolonged, unexplained, or indefinite delay can invite limited judicial scrutiny, as it disrupts governance and the federal balance.
Several States—Punjab, Tamil Nadu, Kerala, Telangana—had complained that Governors were withholding Bills, delaying welfare schemes, university appointments, and administrative reforms.
New Concern Raised: “Appeal in Disguise”
Non-BJP-ruled states argued that the Presidential Reference itself (filed by the Union government) was merely an appeal in disguise against the April 8 Tamil Nadu Governor verdict.
The SC rejected this, clarifying that:
- Presidential Reference under Article 143 is not an appeal.
- It can even overrule, if necessary, a past judgment (as per Justice Y.V. Chandrachud’s earlier opinion in a 1978 Reference).
- The Union could have filed a review petition but chose the reference route, which is constitutionally valid.
This clarification significantly strengthens the constitutional scope of Article 143, showing that advisory opinions can influence—sometimes reshape—constitutional interpretation.
2. Constitutional Provisions
Article | Provision |
| Art. 200 | Governor may: (i) give assent, (ii) withhold assent, (iii) return Bill once (except Money Bills), or (iv) reserve it for the President. |
| Art. 201 | President may give/withhold assent or return the Bill. No timelines. |
| Art. 143 | President may refer any question of law or fact of public importance; SC’s opinion is advisory, but carries high constitutional weight. |
| Art. 154/163 | Governor acts on the aid and advice of Council of Ministers except in limited discretionary areas. |
| Art. 144 | All authorities must act in aid of the Supreme Court. |
3. Supreme Court Ruling & Its Significance
A. What the Court Held
Supreme Court’s Ruling | Meaning / Significance |
| No explicit time limit in Constitution for assent. | Court cannot impose timelines; respects constitutional text. |
| Indefinite or unexplained delay = limited judicial review. | Prevents misuse of discretion to stall State legislatures. |
| Court may issue “limited mandamus”—direct Governor/President to decide, not what to decide. | Ensures accountability without violating separation of powers. |
| Decision under Art. 200 not justiciable; only inaction is. | Protects constitutional roles while restricting paralysis. |
| Governors must act within “reasonable time”. | Imposes constitutional morality; prevents executive overreach. |
| Presidential Reference can clarify or even depart from earlier judgments. | Strengthens Article 143 as a tool for resolving federal disputes. |
Way Ahead
- Codify constitutional conventions defining “reasonable time” (e.g., 3–6 months).
- Improve structured communication between State governments and Raj Bhavans.
- Transparency mechanisms—public dashboards of pending Bills.
- Implement Punchhi Commission recommendations to reduce discretionary delays.
- Ensure Governors function as neutral constitutional heads, not political veto-points.
- Use Article 143 sparingly, only for genuine constitutional deadlocks.
One-line Wrap
Constitutional silence on timelines cannot become a constitutional deadlock; Governors must uphold cooperative federalism and timely decision-making.
UPSC Mains Question
Discuss the Supreme Court’s 2025 ruling on timelines for gubernatorial assent. How does it strengthen federalism while preserving separation of powers in India’s constitutional scheme?
If you want, I can also prepare a Prelims-focused MCQ set, mind-map, or 2-page revision sheet for this topic.
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