Role of Governor in presidential reference

The five-member Constitution bench of the Supreme Court is reviewing a presidential reference concerning the powers of the President and governors regarding state legislature bills. Key issues include:

Key Issues and Queries

• Governor's Role: The bench, led by Chief Justice BR Gavai, questioned whether governors can examine the legislative competence of a bill passed by the state legislature and if they can deny assent if the bill conflicts with Central legislation. 
• Governor as Postman: There is a debate whether governors should merely act as a postman, granting assent without examination. 

Arguments from States

• Undermine the Constitution: Karnataka, West Bengal, and Himachal Pradesh argue that the presidential reference could undermine the Constitution by appealing against a previous Supreme Court decision. 
• Hindrance in governance: States contends that the Constitution is a dynamic document and that governors should not hinder its functioning.
• Public's will: Allowing a governor to permanently withhold a bill disrupts democratic processes and nullifies the public's will. 

Previous Court Rulings

• April Ruling: The Supreme Court set timelines for governors' assent to state legislature bills, which is now being contested. 
• Final Arbiter: Courts are considered the ultimate authority on constitutional matters, reinforcing democratic strength. 

In conclusion, the bench is examining whether timelines should be imposed on governors and the president regarding their assent to state legislature bills, considering the constitution’s flexibility and the preservation of democratic principles.