Presidential Reference and Judicial Power: The Debate on Governor's Assent to Bills
UPSC Relevance
Prelims: Indian Polity and Governance (President, Governor, Supreme Court's Jurisdictions - especially Advisory Jurisdiction, Constitutional Articles 141, 143, 200, 201), key Supreme Court judgments.
Mains:
GS Paper 2: Separation of powers between various organs; Structure, organization and functioning of the Executive and the Judiciary; Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies; Issues and challenges pertaining to the federal structure.
Key Highlights from the News
The President has sought the Supreme Court's advice on whether courts have the power to set timelines for Governors and the President to decide on Bills passed by State Legislatures.
This matter comes before a five-judge Constitution Bench of the Supreme Court through a Presidential Reference under Article 143(1) of the Constitution.
Article 200, which deals with the powers of Governors, and Article 201, related to reserving Bills for the President's consideration, are primarily involved in this reference.
The President's reference comes in the context of a case filed by the Tamil Nadu Government, where a two-judge bench of the Supreme Court, due to the Governor's delay, ruled that the Bills are "deemed to have received assent."
The Supreme Court's advisory opinion is not binding. According to Article 141, only judgments delivered in actual cases (adjudicatory jurisdiction) are legally binding.
Previous rulings indicate that Article 143 cannot be used to review a court judgment; review petitions must be filed for that purpose.
Nevertheless, the court may be able to provide further clarity on legal matters through an advisory opinion, without altering the fundamental principles of previous rulings.
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