What Triggered the Presidential Reference?
Presidential Reference to Supreme Court: Can Article 142 Fix Bill Assent Delays?: In an unusual but constitutionally significant move, President Droupadi Murmu has referred a legal query to the Supreme Court under Article 143 of the Constitution. At the heart of this reference is the increasing concern over delays in giving assent to State Bills by Governors or the President. The key question raised is whether the Supreme Court can, using its inherent powers under Article 142, set clear rules or timelines for how and when assent should be given to Bills passed by State Legislatures.
The Debate Over Article 201 and Its Justiciability
The reference also seeks clarity on whether the President’s assent under Article 201 is a justiciable issue—that is, can courts even review or question it? So far, different Supreme Court benches have issued conflicting judgments on this matter. Some rulings suggest courts cannot interfere with the President’s or Governor’s discretion, while others indicate constitutional accountability can be enforced in extreme delays. This confusion has prompted the highest constitutional authority, the President, to directly ask the judiciary to clarify.
14 Questions That Could Shape the Future
In total, the President has posed 14 critical questions to the Supreme Court. These range from how long the Governors or President can “withhold” a Bill to whether a framework can be created to ensure that constitutional offices are not misused for political purposes. At its core, the Reference calls for guidance on the “contours and scope” of Article 142, which allows the Court to pass orders for “complete justice.” Can this article be stretched to create binding rules for how a Governor or President must act?
A Federal Issue or a Fundamental Rights Dispute?
The Reference also highlights another rising trend: States approaching the Supreme Court under Article 32, which deals with violation of fundamental rights, instead of Article 131, which is meant specifically for federal disputes. This is significant because many recent cases—such as Punjab and Tamil Nadu challenging the Governor’s actions—were filed under Article 32. The President is now asking whether this approach undermines the federal structure, as the real issue is one between Centre and States, not individuals’ rights.
STATIC GK SNAPSHOT
| Topic | Details |
| Constitutional Provision Used | Article 143 – Presidential Reference to Supreme Court |
| Raised By | President Droupadi Murmu |
| Date | May 2025 |
| Main Legal Focus | Scope of Article 142, Timelines for Bill Assent |
| Number of Questions Posed | 14 |
| Linked Article in Question | Article 201 – Assent to Bills |
| Federal Jurisdiction Concern | Article 131 vs Article 32 Usage |
| Issue of Justiciability | Conflicting Judgments on Presidential Assent |
| Impact | Clarifies Governor and Presidential Role in Bill Assent |
