GS 2: PolityGS 2: GovernancePrelims

SC advisory today on Presidential Reference on Governors’ timelines, Pg11

Supreme Court to advise on Presidential Reference regarding Governors' powers and timelines for assenting to State Bills, challenging court's authority.

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Key Highlights:

  • The Supreme Court will pronounce its advisory opinion on a Presidential Reference regarding the court's authority over the conduct of Governors and the President in dealing with State Bills.
  • The core issue involves the timeline for Governors to assent to or reserve State Bills for presidential consideration.
  • The Union government criticized the court for allegedly encroaching on the domains of the Governors and the President.
  • An earlier April 8 judgment by the Supreme Court imposed a three-month deadline for Governors and the President to act on Bills.

Detailed Insights:

  • The Presidential Reference emerged from disputes between Opposition-ruled States and their Governors concerning delays in clearing important laws.
  • The Union government argued that the April 8 judgment imposed a "one-size-fits-all" solution, which is unsuitable due to the context-specific issues of each Bill.
  • The Attorney General argued that Governors should have the discretion to assess the constitutionality of Bills before assenting to or withholding them.
  • The Supreme Court had previously asserted that it cannot remain "idle" if a constitutional authority fails to fulfill their duties.

Key Concepts Involved:

  • Presidential Reference: A mechanism under Article 143 of the Constitution where the President seeks the Supreme Court's opinion on a question of law or fact.
  • State Bills: Proposed laws passed by the State legislature that require the Governor's assent to become law.
  • Governor's Assent: The approval given by the Governor to a State Bill, without which it cannot become law.
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