What is a Presidential Reference?, Pg8

Key Highlights:

• President Droupadi Murmu has invoked Article 143 of the Constitution to seek the Supreme Court’s opinion on a recent controversy over the timeline for Governors and the President to act on State Bills.
  • This Presidential Reference follows a recent Supreme Court judgment mandating timelines for constitutional functionaries to process Bills passed by State legislatures.
  • It has raised 14 constitutional questions related to judicial review, federalism, and the limits of executive power.

Detailed Insights:

• Historical Context: Article 143 is a legacy of the Government of India Act, 1935. It empowers the President to consult the SC on matters of public importance.
  • The Supreme Court is not bound to respond to a Presidential Reference. Out of ~15 references since 1950, only one (Ram Janmabhoomi in 1993) was declined.
  • The current reference questions the judicial enforceability of timelines for the Governor/President under Articles 200 and 201, which deal with assent to State Bills.
  • The government seeks clarity on whether such constitutional discretion is justiciable and whether courts can dictate prescriptive timelines.

Key Concepts:

• Article 143: Provides the President power to seek SC’s opinion on any legal question of public importance.
  • Articles 200 & 201: Govern the assent, withholding, or reservation of State Bills by Governors and the President.
  • Advisory Jurisdiction: SC’s non-binding power to give legal advice to the President under Article 143.
  • Separation of Powers: A foundational doctrine ensuring independent functioning of the legislature, executive, and judiciary.

Significance:

• The outcome could reshape Centre-State relations and judicial checks on constitutional authorities.
  • It will determine whether the judiciary can legally enforce time limits on constitutional roles.
  • Sets a precedent for future federal disputes and strengthens India’s democratic accountability framework.

Mains Mock Question:

Discuss the constitutional and political significance of Article 143. Do you think the Supreme Court should be bound to respond to Presidential References in federal disputes?”