SC Constitution Bench Hears Presidential Reference under Article 143
Why focus: Constitution Bench on Articles 200/201 and 143 — Iron Law 4 auto-pick. High probability for Assertion-Reason on Governor assent powers.
In News
What Happened
Why It Matters
Background
History & Context
What Changed
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BEFORE: State governments had to file individual writ petitions under Article 32 to compel their respective Governors to act on specific pending Bills. NOW: The Presidential Reference under Article 143 seeks a single, comprehensive advisory opinion applicable to all States simultaneously.
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BEFORE: The phrase 'as soon as possible' in the first proviso to Article 200 was often treated by Governors as a non-binding suggestion, enabling indefinite legislative delays. NOW: The Constitution Bench is examining whether to read this phrase as mandating a strict, judicially enforceable timeframe.
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BEFORE: There was absolute ambiguity regarding Article 201, which specifies no time limit for the President to decide on State Bills reserved by a Governor. NOW: The reference explicitly asks the Court to evaluate if implied timelines must be read into Article 201 to preserve democratic functioning.
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BEFORE: Committee reports like the Punchhi Commission's 6-month limit for gubernatorial assent were merely policy recommendations without legal backing. NOW: The Supreme Court hearing explores whether such expert recommendations can be formalized into binding constitutional interpretations.
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BEFORE: Governors heavily relied on the blanket immunity granted by Article 361 to avoid judicial scrutiny for not acting on Bills. NOW: The hearings test whether Article 361 immunity protects a Governor against judicial review for complete inaction under Article 200.
What Did NOT Change
The actual text of Articles 143, 200, and 201 has not been amended by Parliament; the Court is solely engaged in constitutional interpretation. Furthermore, any advisory opinion delivered by the Supreme Court under Article 143 will technically remain non-binding on the President, though it carries immense persuasive and constitutional weight.
Prelims Angle
NCERT Connection
Common Misconceptions
✗ The Supreme Court's opinion on a Presidential Reference is legally binding on the President and the government.
✓ Under Article 143, the Supreme Court exercises advisory jurisdiction. Its opinion is consultative and not legally binding on the President, though it is highly respected and usually followed.
Students confuse the finality of Supreme Court judgments in regular litigation (which are binding under Article 141) with its special advisory role under Article 143.
✗ The Indian Constitution explicitly grants the Governor a 'Pocket Veto' to kill State legislation.
✓ The Constitution does not expressly mention or grant a 'pocket veto'. It merely lacks a prescribed time limit in Article 200, a constitutional silence that Governors have exploited to delay Bills indefinitely.
People equate the formal pocket veto power of the US President with the Indian Governor's practice of exploiting the absence of a timeline.
✗ If a State legislature re-passes a Bill returned by the President under Article 201, the President is bound to give assent.
✓ Unlike the Governor under Article 200 (who must give assent if a returned Bill is re-passed by the State assembly), there is no provision in Article 201 binding the President to assent to a reconsidered State Bill.
Students conflate the limitations placed on the Governor by the proviso to Article 200 with the President's broader, unrestricted powers over reserved State Bills under Article 201.
Practice Questions
Q1
How Many CorrectConsider the following statements regarding the legislative process and constitutional provisions in India: 1. Under Article 143, the Supreme Court is bound to give its advisory opinion on any question of law referred to it by the President. 2. The Punchhi Commission recommended a maximum time limit of six months for the Governor to take a decision on a Bill passed by the State legislature. 3. If a Governor reserves a State Bill for the President's consideration, the President must return the Bill within six months if it is not a Money Bill. How many of the above statements are correct?
Q2
Match the FollowingMatch the Constitutional Articles in List I with their correct subject matter in List II: List I: A. Article 141 B. Article 143 C. Article 200 D. Article 201 List II: 1. Power of President to consult the Supreme Court 2. Bills reserved for consideration of the President 3. Law declared by Supreme Court to be binding on all courts 4. Assent to Bills passed by the State Legislature Select the correct code:
Q3
Assertion & ReasonAssertion (A): The advisory opinion given by the Supreme Court under Article 143 is not binding on the President of India. Reason (R): The Supreme Court acts in an advisory capacity under Article 143 and does not pronounce a judicial verdict resulting in a binding decree or order. Select the correct answer using the codes given below: