Presidential Reference on Assent Powers of Governors and President

Context

The Supreme Court has agreed to hear a Presidential Reference under Article 143, seeking clarity on the constitutional powers and timelines concerning the President’s and Governors’ assent to State Bills under Articles 200 and 201.

Article 143 – Advisory Jurisdiction of the Supreme Court:

The President can seek the opinion of the Supreme Court on questions of law or fact of public importance.
The Court may, after such hearing as it deems fit, report its opinion to the President, but its opinion is not binding.

Article 200 – Governor’s Assent to State Bills:

The Governor can:
- Assent to the Bill,
- Withhold assent,
- Reserve the Bill for the consideration of the President, or\
- Return the Bill for reconsideration (if not a money bill).
No time limit is prescribed in the Constitution for the Governor to act under Article 200.

Article 201 – President’s Assent on Reserved Bills:

If a Bill is reserved for the President, he may either give assent or withhold assent.
There is no constitutional timeline for this decision.
The Presidential Reference seeks to examine whether courts can impose judicial timelines in the absence of such express provisions.

Judicial Interpretation of Constitutional Powers:

The Reference raises key issues regarding the separation of powers, judicial overreach, and the ambit of Article 142, which allows the Supreme Court to pass any order necessary for doing complete justice.
The Tamil Nadu Governor’s delay in assenting to re-passed Bills was declared unconstitutional by the Supreme Court (April 2024), invoking Article 142 to deem them assented.

PYQ:

With reference to Indian polity, consider the following statements: (2022)

1. The President of India can summon a session of the Parliament at such place as he/she thinks fit.

2. The Constitution of India provides for three sessions of the Parliament in a year, but it is not mandatory to conduct all three sessions.

3. There is no minimum number of days that the Parliament is required to meet in a year.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 3 only

(d) 1, 2 and 3

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