SC to Examine Article 200-201 Power

Context

The Supreme Court will hear a Presidential Reference under Article 143 regarding whether courts can impose timelines and prescribe modalities for the President and Governors in granting or withholding assent to State Bills under Articles 200 and 201 of the Constitution.

Constitutional Basis of the Issue:

Article 143 empowers the President to seek the advisory opinion of the Supreme Court on questions of law or fact of public importance.
Article 200 deals with the Governor’s powers regarding State Bills — options include granting assent, withholding assent, or reserving the Bill for the President.
Article 201 empowers the President to either assent to or withhold assent from a Bill reserved by the Governor.

Key Legal Questions Raised in the Presidential Reference:

Can courts prescribe time limits for the President or Governor to act on State Bills?
Can courts substitute constitutional powers of the executive under Article 142, which permits the Court to pass orders to do "complete justice"?
Is the concept of "deemed assent" by the President or Governor constitutional?
Can judicial intervention occur before a Bill becomes law?
Can a two-judge Bench interpret constitutional provisions of substantial importance without referring the matter to a Constitution Bench under Article 145(3)?

Background:

The reference arises from an April 8, 2024 judgment by a two-judge Bench which deemed that 10 re-passed Bills by the Tamil Nadu Legislative Assembly had received assent via Article 142, due to delays by the Governor and President.
The Court ruled that Governor’s inaction was unconstitutional and that indefinite delay violated legislative supremacy.

Constitutional Debate on Article 142:

Article 142 allows the Supreme Court to pass any order necessary for “complete justice.”
The Presidential Reference seeks to know whether Article 142 can override the express provisions of the Constitution regarding assent to legislation.

Urgent Need for Aviation Sector Reform in India

Governance

Reviving FDI in Emerging Economies

Economy

India’s Opportunity to Lead Global AI Governance

Science & Technology Artificial Intelligence

Temple Funds and the Mandate of Social Justice

Polity & Governance

EU Age-Verification Plan under the Digital Services Act

International Relations

Coal Plant Exemption Weakens Air Goal

Ecology and Environment Environmental Pollution