In a significant constitutional development, the Supreme Court of India has sought responses from both the Centre and the State Governments on a Presidential reference involving the timelines for assent to bills passed by State Legislatures. This comes after President Droupadi Murmu, invoking her authority under Article 143(1) of the Constitution, referred 14 legal questions to the apex court in May 2025. The five-judge Constitution Bench, led by Chief Justice D Y Chandrachud (as of the April verdict) and currently presided over by CJI Gavai, will deliberate on this pivotal issue beginning July 29, 2025, with plans to hear arguments through mid-August.

Background to the Presidential Reference

The backdrop to this reference lies in the Supreme Court's landmark judgment on April 8, 2025, which addressed concerns over undue delays by Governors and the President in giving assent to state legislations. In that verdict, the top court established that governors must act within a reasonable period, and specifically, that the President must respond within three months when a bill is reserved by a Governor.

This verdict followed a legal standoff between the Tamil Nadu government and its Governor, where several critical bills were allegedly withheld or delayed. In response to that situation, the state approached the Supreme Court, questioning the Governor's power to delay or block legislation without accountability.

What is Article 143(1)?

Article 143(1) of the Indian Constitution enables the President of India to seek the opinion of the Supreme Court on any question of law or fact that is of significant public or legal importance. The opinion rendered by the Court is advisory and not binding, but traditionally carries considerable weight.

By invoking this Article, President Murmu has sought clarity on the roles of both Governors and the President concerning their responsibilities under Articles 200 and 201, particularly with regard to how and when they should respond to bills forwarded after being passed by state legislatures.

Supreme Court Bench Composition and Proceedings

The five-judge Constitution Bench hearing this reference includes:

• Chief Justice of India D Y Chandrachud (initially) / CJI Gavai (current bench head)

• Justice Surya Kant

• Justice Vikram Nath

• Justice P S Narasimha

• Justice A S Chandurkar

On Tuesday, the bench emphasized that the matter transcends a few individual states and holds national significance, warranting an inclusive response from all states and the Union Government. The Court has given a deadline of Tuesday, July 29, 2025, for responses.

The CJI also noted the need for speedy adjudication, given that the questions raised have direct implications on federalism, legislative sovereignty, and the separation of powers in India.

Key Questions Raised in the Presidential Reference

The 14 legal questions sent by President Murmu reportedly revolve around the following key areas:

• The extent of discretion available to Governors under Article 200, which governs their powers to assent, withhold, or reserve bills.

• The timeline and obligation of the President under Article 201, when a bill is reserved by the Governor.

• Whether delays or indefinite inaction violate the spirit of parliamentary democracy and legislative autonomy of states.

• Whether the President is bound by the Council of Ministers’ advice while giving or refusing assent.

• Whether non-action by the Governor can be subject to judicial review.

These questions have become particularly relevant in view of increasing tensions in several states, including Tamil Nadu, Kerala, and Punjab, where governors have delayed assent to bills, often citing procedural or political concerns.

Legal Significance of the Supreme Court's April 2025 Judgment

The earlier judgment delivered in April 2025 was seen as assertive of constitutional accountability, declaring that the President must act within three months after receiving a bill from a Governor and that Governors cannot arbitrarily sit on state legislation. That judgment drew sharp attention to the dynamics of centre-state relations, especially in politically sensitive states where the ruling party at the Centre differs from that in the state.

This judicial development was widely regarded as a reinforcement of cooperative federalism, aiming to curb perceived misuse of gubernatorial powers to delay state governance.

Political Implications and States' Responses

Although the Supreme Court's direction applies uniformly across India, the political impact is uneven. In Tamil Nadu, for example, the ruling DMK government has been vocal against what it sees as the governor's interference in the legislative process. Similar concerns have been echoed in Punjab and Telangana, where key welfare or administrative bills were kept pending for extended periods.

The Centre's reply to the Supreme Court reference will be closely watched, as it may reflect its stance on limiting or preserving gubernatorial discretion, a topic that could influence centre-state relations in the upcoming legislative sessions.

Meanwhile, constitutional experts have praised the decision to seek clarity through Article 143(1), describing it as a mature step to resolve recurring constitutional ambiguities.

Conclusion and Outlook

The Supreme Court’s response to the Presidential reference will likely set a long-term precedent governing the interaction between state legislatures, governors, and the Union executive. With the first hearing scheduled for July 29, 2025, and submissions from states and the Centre expected before that, this matter promises to reshape the constitutional framework for bill assent timelines in India.

As the country awaits the verdict, the case has already underscored the importance of constitutional accountability and the role of the judiciary in preserving the balance of power in a federal structure.

The resolution of these 14 questions could serve as a guide for future disputes and ensure greater clarity and efficiency in legislative processes across India’s parliamentary democracy.

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