B. R. GAVAI, SURYA KANT, VIKRAM NATH, PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
In Re: Assent, Withholding or Reservation of Bills by the Governor and the President of India – Appellant
Versus
. – Respondent
Certainly. Based on the provided legal document, the key points can be summarized as follows:
Constitutional Framework and Options of the Governor: The Governor has three constitutional options when a bill is presented: to give assent, to reserve the bill for the President's consideration, or to withhold assent and return the bill with comments. The first proviso to Article 200 limits the full exercise of the "withhold" option to a return with comments, except in the case of Money Bills. The options are independent of the manner of exercise, and the existence of these options reflects the constitutional design emphasizing dialogue and federal balance (!) (!) (!) .
Discretion and Aid & Advice: The exercise of the Governor’s powers under Article 200 is generally discretionary and not bound by aid and advice of the Council of Ministers, except in specific circumstances. The constitutional structure and historical context support the view that the Governor can act in his discretion, especially in cases involving the protection of constitutional principles or in situations of inaction or constitutional crisis (!) (!) (!) .
Judicial Review and Justiciability: The discharge of functions under Articles 200 and 201 by the Governor and President, respectively, is not justiciable in the ordinary sense. Judicial intervention is limited to cases of prolonged, unexplained, and indefinite inaction. Courts are not authorized to review the merits of the decisions or to undertake adjudication over the contents of Bills before they become law. The scope of judicial review is confined to ensuring procedural compliance and preventing inaction, not to evaluating substantive decisions (!) (!) (!) .
Article 361 and Immunity: Article 361 grants absolute personal immunity to the President and Governor from answerability in courts for acts performed in their official capacity. However, this immunity does not extend to the examination of the validity of their actions, especially on grounds such as mala fides. While personal immunity is complete, the constitutional office remains subject to judicial review regarding procedural legality and constitutional compliance (!) (!) .
Timelines and Deemed Assent: The Constitution does not prescribe strict timelines for the exercise of powers under Articles 200 and 201. The phrase "as soon as possible" indicates a requirement for expedition but does not impose rigid time limits. Judicially prescribed timelines or deadlines cannot be equated with deemed assent, as this would amount to substituting the constitutional decision-making process with judicial fiat, which is impermissible. Any timelines introduced by courts are only tools for judicial review and do not alter the constitutional procedure (!) (!) (!) .
Role of Judicial Review in Cases of Inaction: In cases of prolonged, unexplained, and indefinite inaction by the Governor or President, courts may exercise limited judicial review by issuing directions to prompt action within a reasonable time. Such intervention is meant to uphold constitutional accountability and the functioning of democratic institutions, not to substitute or evaluate the substantive merits of the decisions (!) (!) .
Relationship between Constitutional Offices and Judicial Oversight: While the personal immunity under Article 361 shields the Governor and President from answerability for acts in their official capacity, it does not prohibit courts from examining procedural correctness or constitutional validity. The immunity is limited to answerability, not to the validity of actions, which can be scrutinized on grounds of mala fides or procedural irregularities (!) (!) .
Specific Provisions and Federal Balance: The constitutional provisions concerning the reservation of Bills for the President or the exercise of powers in special circumstances (such as natural resources, ports, or emergencies) are designed to maintain the federal structure while allowing necessary executive discretion. These provisions are to be interpreted within the broader context of federalism, cooperation, and constitutional balance, emphasizing dialogue and institutional harmony (!) (!) (!) .
Nature of the Court’s Advisory Role: The Court's role in interpreting Articles 200 and 201 is confined to clarifying constitutional principles and ensuring procedural compliance. It cannot undertake merits review of the substantive decisions or substitute its judgment for that of the constitutional authorities. The Court’s jurisdiction is limited to procedural and constitutional validation, not to the merits of legislative or executive decisions before enactment (!) (!) (!) .
Conclusion: The Court affirms that the discharge of functions under Articles 200 and 201 by the Governor and President, respectively, is not justiciable in the sense of merits review. Judicial intervention is permissible only in cases of prolonged, unexplained inaction, through limited directions to ensure constitutional and procedural compliance. The constitutional scheme emphasizes dialogue, federal balance, and institutional responsibility, and courts are not authorized to substitute or evaluate the substantive exercise of discretion by constitutional functionaries.
| Table of Content |
|---|
| 1. final conclusions on the governor and president's powers. (Para 1 , 5 , 6 , 10 , 37) |
| 2. procedures for addressing presidential references. (Para 2 , 3 , 4) |
| 3. arguments on the maintainability of the reference. (Para 7 , 8) |
| 4. observations on previous references and judicial role. (Para 9 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. judicial discretion and refusal to answer specific questions. (Para 29 , 30 , 31) |
| 6. importance of constitutional interpretation in reference. (Para 32 , 33 , 34 , 35 , 36 , 38 , 39) |
| 7. options available to the governor under article 200. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 8. federalism is a crucial aspect of constitutional interpretation. (Para 56) |
| 9. court's comprehensive opinion on the presidential reference. (Para 165) |
OPINION OF THE COURT
1. For clarity and coherent exposition of the issues under consideration, the opinion of the Court on the Presidential Reference is set out in the following parts:
| Table of Contents | |
| I. | Presidential Reference No. 1 of 2025 |
| II. | Proceedings Before This Court |
| III. | Preliminary submissions on the maintainability |
| A. Significance of this Refe | |
State of Tamil Nadu v. Governor of Tamil Nadu
In Re: Special Courts Bill 1978
In Re: Natural Resources Allocation
State of Bihar v. Kameshwar Singh
Union of India v. Valluri Basavaiah Chowdhary, 1979 INSC 93 : (1979) 3 SCC 324 [Para 11
Purushothaman Nambudiri v. State of Kerala, 1961 INSC 331 : 1961 SCC Online SC 361 [Paras 11
Hoechest Pharmaceutricals Ltd. v. State of Bihar, 1983 INSC 61 : (1983) 4 SCC 45 [Paras 11
State of Punjab v. Governor of Punjab, 2023 INSC 1017 : (2024) 1 SCC 384 [Para 11
Samsher Singh v. State of Punjab, 1974 INSC 154 : (1974) 2 SCC 831 [Paras 11
Centre for Public Interest Litigation v. Union of India
Supreme Court Advocates-on- Record Assn. v. Union of India
S. R. Bommai v. Union of India, 1994 INSC 111 : (1994) 3 SCC 1 [9JB] [Paras 56
State of Rajasthan v. Union of India
State of West Bengal v. Union of India
ITC Ltd. v. Agricultural Produce Market Committee, 2022 INSC 44 : (2002) 9 SCC 232 [5JB]. [Paras 59
Kuldip Nayar v. Union of India
Government (NCT of Delhi) v. Union of India
MP Special Police Establishment v. State of M.P. & Ors.
B.K. Pavitra v. Union of India
Ram Jawaya Kapur & Ors. v. State of Punjab
State of Telangana v. Governor of Telangana
Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly, 2020 INSC 65
Durga Pada Ghosh v. State of W.B.
Kesavananda Bharati v. State of Kerala, 1973 INSC 91
Prem Chand Garg v. Excise Commissioner, U.P., 1962 INSC 311
Bar Assn. v. Union of India, 1998 INSC 183
Shilpa Sailesh v. Varun Sreenivasan, 2023 INSC 468
A.G. Perarivalan v. State of T.N.
Bharat Sevashram Sangh v. State of Gujarat, 120 1986 INSC 174
Aeltemesh Rein v. Union of India, 1988 INSC 203
A.K. Roy v. Union of India, 1981 INSC 210
Rameshwar Prasad (VI) v. Union of India, 2006 INSC 42
B. R. Kapur VS State Of T. N. - 2001 7 Supreme 1: Describes a specific holding on disqualification of convicted persons from Chief Minister position under Article 164, with prospective validation of acts; no negative treatment indicated.
B. K Pavitra VS Union of India - 2019 0 Supreme(SC) 569: Affirms validity of Reservation Act 2018 under Article 16(4A) and discusses curative legislation; presented as authoritative on multiple constitutional points.
Re : {Under Article 143(1) of the Constitution of India} VS . - 2012 0 Supreme(SC) 671: Establishes principle that auctions are not the only method for natural resource disposal but prohibits dissipation as largess; no criticism or override noted.
IN RE: ARTICLE 370 OF THE CONSTITUTION VS . - 2023 8 Supreme 526: Upholds abrogation of Article 370 and addresses federal structure; treated as binding on key constitutional changes.
Shilpa Sailesh VS Varun Sreenivasan - 2023 3 Supreme 257: Affirms Supreme Court's power under Article 142 to dissolve marriages for irretrievable breakdown; no negative indicators.
KEISHAM MEGHACHANDRA SINGH VS HON’BLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY - 2020 1 Supreme 491: Declares Speaker's disqualification decisions amenable to judicial review and suggests constitutional amendment; no invalidation.
NABAM REBIA, AND BAMANG FELIX VS DEPUTY SPEAKER - 2016 5 Supreme 227: Limits Governor's role and states Deputy Speaker cannot set aside Speaker's Tenth Schedule decision; presented as settled law.
Itc LTD. VS Agricultural Produce Market Committee - 2002 1 Supreme 258: Holds state market fee legislations valid and prevailing over Tobacco Board Act; no adverse treatment.
Kuldip Nayar VS Union of India - 2006 7 Supreme 44: Upholds 2003 amendment to Representation of People Act deleting domicile requirement; affirmed as constitutional.
M. P. Special Police Establishment VS State Of M. P. - 2004 0 Supreme(SC) 1020: Establishes Governor's discretionary power to grant sanction if ministerial advice is irrational; no override.
Supreme Court Bar Association VS Union Of India - 1998 4 Supreme 251: Limits Supreme Court's contempt power under Articles 129/142 to not include summary debarment of advocates; key point on scope of power.
Government of NCT of Delhi VS Union of India - 2018 0 Supreme(SC) 699: Elaborates on constitutional morality, federalism, and NCT Delhi governance under Article 239AA; extensive affirmative principles.
Bhim Singh VS Union of India - 2010 4 Supreme 263: Advocates widest interpretation of Constitution and limits on striking down laws; principles for judicial review.
Kaiser-i-hind Private LTD. VS National Textile Corporation (Maharashtra North) LTD. - 2002 6 Supreme 608: Limits President's consideration/assent under Article 254(2) to state proposals; clear holding.
Centre for Public Interest Litigation VS Union of India - 2012 1 Supreme 513: Mandates rational methods (e.g., auctions) for natural resource distribution per equality/public trust; builds on constitutional duties.
A. G. Perarivalan VS State, through Superintendent of Police CBI/SIT/MMDA, Chennai - 2022 5 Supreme 347: Holds Governor bound by cabinet advice on sentence commutation under Article 161; standard executive role affirmed.
Rameshwar Prasad VS Union of India - 2006 1 Supreme 393: Holds Bihar Assembly dissolution unconstitutional and limits Governor's refusal of majority claims; suggests tension with Governor discretion cases but not explicitly overruled.
IN RE: ASSENT WITHHOLDING OR RESERVATION OF BILLS BY THE GOVERNOR AND THE PRESIDENT OF INDIA. - 2025 Supreme(Online)(SC) 10020: Fragmented text on Governor/President bill assent under Article 200; lacks full context or treatment indicators (e.g., "p class="sub_para" appears as formatting error); treatment unclear.
State Of Telangana VS Secretary To Her Excellency The Hon’ble Governor For The State Of Telangana - 2023 0 Supreme(SC) 1277: Discusses "as soon as possible" in Article 200; abstract constitutional significance without explicit holding or treatment signals.
State of Punjab VS Principal Secretary to the Governor of Punjab - 2023 0 Supreme(SC) 1247: Reiterates Governor must act "as soon as possible" on bills and Speaker can reconvene; overlaps with Article 200 themes but no direct treatment language.
State of Tamil Nadu VS Governor of Tamilnadu - 2025 0 Supreme(SC) 626: States Governor's Article 200 powers bound by advice, subject to review for delays; consistent with patterns but no explicit affirmation/criticism.
In Re: The Punjab Termination of Agreement Act, 2004 VS . - 2016 8 Supreme 153: Declares Punjab Act invalid and limits legislative nullification of judgments; strong holding but no subsequent treatment noted in text.
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