Presidential Reference Hearing: Constitution Bench to Resume Proceedings

Rapid Summary

• The Supreme Court of India is set to continue hearings on the Presidential Reference about whether courts can impose timelines for Governors and the President to act on bills passed by state assemblies.
• During a previous session (September 2, 2025), three of five judges observed that Governors cannot indefinitely delay decisions on bills. Justice Narasimha remarked that no organ should impair constitutional functioning.
• Arguments from Opposition-ruled states, including Tamil Nadu and West Bengal, emphasized that governors are titular heads who should not impede legislatures’ lawmaking processes through delays in providing assent to bills. Kapil Sibal argued that respecting the people’s will is paramount while addressing disagreements through legal mechanisms or central review rather than indefinite withholding by Governors.
• The advisory jurisdiction under Article 143 allows the Supreme Court to provide opinions on constitutional matters upon presidential request, which stems from provisions in colonial-era legislation like the Government of India Act, 1935.

Indian Opinion analysis
The ongoing hearing touches upon notable questions regarding institutional balance in India’s governance framework under its federal Constitution. By examining whether courts can set timelines for executive actions by constitutional functionaries like Governors and Presidents, the debate coudl better define accountability norms within legislative and executive interactions at both state and national levels.

Governors delaying assent arguably disrupt legislative intent-highlighted as an issue by Opposition-governed states-which may hinder democratic functioning if left unaddressed systematically. Establishing judicial clarity could provide certainty for enduring political processes while preventing arbitrary delays less reflective of public interest or cooperative federalism principles enshrined in India’s Constitution.

Though, considering broader implications requires delicacy-aligning procedural boundaries without overstepping powers across branches ensures both efficiency and respect towards varied state-central dynamics critical within Indian democracy.

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