Presidential Reference Proceedings in India: Constitutional Clarity and Delays by Governors

• The Presidential Reference proceedings, following the Supreme Court’s April 8, 2025 judgment, confirmed that Governors should not indefinitely withhold assent to State Assemblies Bills.

• The five-judge Bench largely converged on the constitutional principles elucidated in April, highlighting that constitutional offices cannot paralyze democratic governance through inaction.

• The Constitution’s silence on specific timelines in Articles 200 and 201 does not grant unlimited discretion to Governors.

• The Solicitor-General’s argument that Governors serve as a “check on hasty legislation” indicated the tension between this position and democratic principles.

• The Bench’s examination of why judicial review applies to Governors’ recommendations under Article 356 (President’s Rule) but not to actions under Article 200 (assent to Bills) highlighted potential inconsistencies in arguments defending unlimited discretion for Governors.

• The proceedings demonstrate why the April judgment’s framework remains constitutionally sound and necessary to maintain the balance between federal cooperation and State autonomy.

• The Centre should accept the constitutional boundaries reinforced by the April judgment and these proceedings, rather than continuing to pursue powers that would alter the delicate federal balance.

Presidential Reference in India is important topic for Civil service exam (WBCS).

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