Presidential Reference on Governor's Power: A Debate on Timelines and Judicial Review
UPSC Prelims Subject
Indian Polity and Governance (President, Governor, Judiciary, Constitutional Provisions - Articles 142, 143, 145, 200, 201).
Key Highlights from the News
The President sought advice from the Supreme Court on whether courts have the authority to set time limits or prescribe procedures for Governors and the President in granting assent to 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 of the Constitution.
The reference primarily involves Article 200 concerning the Governor's power and Article 201 related to Bills reserved for the President's consideration.
The reference also asks if decisions of Governors and the President are justiciable by the court before Bills become law.
The President's reference follows a case filed by the Tamil Nadu government, where a two-judge bench of the Supreme Court, using its power under Article 142, ruled that Bills were "deemed to have received assent" due to the Governor's delay.
The reference also questions whether a two-judge bench has the authority to rule on constitutional matters, as Article 145(3) stipulates that such matters should be heard by a five-judge bench.
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