Presidential Reference to Supreme Court on Articles 200 and 201
The Supreme Court is examining a Presidential reference from May 2025, which seeks clarity on 14 questions regarding Articles 200 and 201 of the Indian Constitution. This follows a Supreme Court judgment in April 2025 concerning timelines for Governors and the President to act on State legislature-passed Bills.
Supreme Court Judgment: April 2025
- The judgment specified a three-month timeline for Governors to decide on Bills passed by State legislatures and for the President to decide on State Bills reserved for his/her consideration.
- The Court ruled that decisions, including delays, are subject to judicial review.
Article 200: Governor's Role
- When a Bill is presented, the Governor has four options:
- Assent to the Bill.
- Withhold assent, effectively rejecting the Bill.
- Return the Bill for reconsideration by the State Legislature.
- Reserve the Bill for the President's consideration.
- The Governor must act on the advice of the Council of Ministers, except in rare discretionary cases.
- No specific time limit exists for the Governor's decision-making, but it should be "as soon as possible."
Article 201: President's Role
- No timeline is specified for the President to decide on reserved Bills, but the judgment prescribes a three-month period.
Discretionary Powers and Political Concerns
- The Centre argues Governors have discretion under Article 163, which cannot be judicially questioned.
- Opposition-ruled States claim Governors deliberately delay assent or reserving Bills contrary to ministerial advice.
Federalism and Gubernatorial Role
- Concerns about politicization of the Governor's role affecting federalism have been raised.
- Calls for abolition or reform of the Governor's post have been made by various political leaders.
Supreme Court's Interpretative Role
- The Court has previously set timelines for constitutional actions, such as in the K.M. Singh case (2020).
- In its April 2025 judgment, the Court interpreted "Governor shall" in Article 200 as a non-discretionary mandate.
The Supreme Court's opinion on the Presidential reference is anticipated to reinforce the April 2025 judgment, promoting democratic and federal principles.
