Question 1

The Supreme Court is constitutionally bound to give its opinion whenever the President makes a reference under Article 143.

Accepted Answer

Under Article 143(1), the Supreme Court has the discretion to decline to tender its opinion (as it did in the 1993 Ram Janmabhoomi reference). It is only bound to give an opinion on pre-constitutional treaties under Article 143(2).

Question 2

A State Governor can exercise a 'pocket veto' by simply refusing to sign or return a Bill indefinitely.

Accepted Answer

The Supreme Court ruled that Article 200 does not permit a standalone power to withhold assent silently. Withholding must be accompanied by returning the Bill with comments for reconsideration.

Question 3

Consider the following statements regarding the 16th Presidential Reference and the powers of the Governor/President:
1. The Supreme Court is constitutionally bound to tender its advisory opinion whenever requested by the President under Article 143(1).
2. The Constitution Bench upheld the use of Article 142 to declare 'deemed assent' as a valid remedy against a Governor's prolonged inaction.
3. The Supreme Court ruled that while the merits of a Governor's decision on a Bill cannot be reviewed, prolonged and unexplained inaction is subject to limited judicial review.
How many of the above statements are correct?

Accepted Answer

(a) Only one — Statement 1 is incorrect: Under Article 143(1), the SC may decline to give an opinion. It is only mandatory under Article 143(2). Statement 2 is incorrect: The 2025 Constitution Bench explicitly struck down 'deemed assent' as alien to the Constitution and a violation of the separation of powers. Statement 3 is correct: The Court carved out a limited exception allowing a writ of mandamus to address prolonged, unexplained inaction by a Governor.

Question 4

Match the Constitutional Provisions in List I with their correct description in List II:
List I
A. Article 143(1)
B. Article 143(2)
C. Article 200
D. Article 201

List II
1. President's power to declare assent or withhold assent to reserved State Bills.
2. Governor's constitutional options upon receiving a Bill passed by the State Legislature.
3. Supreme Court's discretionary advisory jurisdiction on questions of law or fact of public importance.
4. Supreme Court's mandatory advisory jurisdiction concerning pre-Constitution treaties.

Accepted Answer

(a) A-3, B-4, C-2, D-1 — Article 143(1) gives the President power to seek advisory opinions on public issues, which the SC may refuse (A-3). Article 143(2) mandates the SC to give opinions on pre-constitutional treaty disputes (B-4). Article 200 outlines the Governor's options (assent, withhold, return, reserve) on State Bills (C-2). Article 201 dictates the President's options when a State Bill is reserved by the Governor (D-1).

Question 5

Assertion (A): The Supreme Court struck down the imposition of strict judicial timelines (like a three-month limit) for a Governor to decide on a State Bill under Article 200.
Reason (R): Setting rigid judicial deadlines for constitutional authorities like the Governor and the President violates the doctrine of Separation of Powers.

Accepted Answer

(a) Both A and R are true and R is the correct explanation of A — The 16th Presidential Reference verdict (November 2025) explicitly ruled that the Constitution deliberately preserves elasticity regarding the timeline for assent ('as soon as possible'). Imposing rigid deadlines, as was done in an earlier 2025 judgment, constitutes judicial overreach into the legislative/executive domain, directly violating the doctrine of Separation of Powers.