New Delhi, August 26, 2025 – The Supreme Court of India today continued hearing the Presidential Reference case on whether constitutional authorities like the President and Governors can be bound by judicially imposed timelines in discharging their duties.

A Constitution Bench took up the matter after a reference was made to clarify the constitutional position following repeated controversies over delays by Governors in granting assent to state legislations and decisions on government recommendations.

Centre’s position: No timelines for constitutional authorities

During the hearing, the Solicitor General, representing the Centre, strongly argued against imposing any judicially enforceable deadlines on the President or Governors.

The Centre’s counsel contended that:

• It would be “disrespectful” to tie down such high constitutional authorities to strict judicial timelines.

• The framers of the Constitution did not envisage courts supervising the time taken by the President or Governors.

• Such issues are better resolved in the political domain rather than through judicial intervention.

The submission emphasised that political accountability through the legislature and public opinion is the proper check, not rigid judicial mandates.

The core constitutional question

At the heart of the Presidential Reference is whether Governors and the President, who often delay or reserve decisions on bills and state cabinet recommendations, can be compelled to act within a fixed period.

Several states had complained that Governors were holding back key bills, leading to governance deadlock. This prompted the Union Government to seek a constitutional clarification from the Supreme Court.

The Bench is now tasked with balancing:

• Constitutional propriety of the Governor’s discretionary powers.

• Judicial enforceability of timelines in the absence of explicit provisions.

• The separation of powers between judiciary, executive, and legislature.

Past precedents and debates

This is not the first time the issue has come before the courts. The Supreme Court and various High Courts have in earlier cases expressed concern about Governors delaying decisions. However, no clear constitutional mandate has been laid down regarding specific timelines.

Legal scholars note that while Article 200 of the Constitution gives Governors discretion in matters of assent to bills, it does not specify a time frame. Similarly, the President’s role in certain matters is guided more by convention than by strict deadlines.

Implications of the verdict

The eventual ruling could have wide implications for Centre-State relations, particularly in politically sensitive states where Governors are often accused of acting as agents of the Union Government.

A decision by the Supreme Court to enforce timelines could:

• Strengthen federalism by preventing undue delays.

• Increase judicial oversight over constitutional functionaries.

• Set a precedent affecting future interpretations of constitutional conventions.

On the other hand, a ruling in favour of the Centre’s arguments may:

• Reaffirm the autonomy of constitutional authorities.

• Leave resolution of delays to the political process.

• Continue the existing ambiguity in constitutional practice.

What lies ahead

The Bench is expected to continue hearings with inputs from senior advocates representing states, constitutional experts, and amicus curiae. A detailed judgment is likely in the coming weeks, which could reshape the relationship between constitutional authorities and judicial oversight in India.

For now, the court proceedings remain closely watched across political and legal circles, as the outcome will determine the delicate balance between constitutional independence and accountability.

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