President Droupadi Murmu has sent a reference to the Supreme Court under Article 143 of the Constitution, seeking its opinion on 14 pivotal questions concerning the powers of the Governor and President. On May 13, 2025, President Droupadi Murmu made a rare reference under Article 143 of the Constitution to the Supreme Court, soliciting its view on 14 crucial questions regarding the powers under Articles 200 and 201.
These questions pertain to the authority to give assent to bills, following the Supreme Court's 2025 decision in Tamil Nadu State vs. the Governor of Tamil Nadu, where the court established timeframes for constitutional authorities to act on bills presented to them. A Constitutional Bench of five judges of the Supreme Court is set to deliver a crucial judgment today on the President's reference about these questions related to the power to assent to bills.
1- What are the constitutional options before a Governor when a bill is presented under Article 200 of the Constitution of India?
2- Is the Governor obligated to follow the advice of the Council of Ministers when exercising all available options upon receiving a bill under Article 200?
3- Is the exercise of constitutional discretion or the discretionary power by the Governor under Article 200 subject to judicial review?
4- Does Article 361 of the Indian Constitution provide absolute immunity from judicial review concerning the Governor's actions under Article 200?
5- In the absence of constitutionally stipulated timeframes and methods of power exercise by the Governor, can judicial mandates impose timelines and prescribe methods for all powers under Article 200 of the Constitution of India?
6- Is it justified for the President to exercise constitutional discretion under Article 201 of the Constitution of India?
7- In the absence of constitutionally established timeframes and methods, can judicial orders enforce timelines and methods for the exercise of discretion by the President under Article 201?
8- In light of the constitutional scheme governing the President's powers, is it necessary for the President to seek the Supreme Court's advice via a reference under Article 143 of the Constitution of India when a bill is reserved for approval or otherwise by the Governor?
9- Are the decisions made by the Governor and President under Articles 200 and 201 subject to judicial oversight in the pre-enactment stage? May courts intervene on the substance of a bill before it becomes law?
10- Can the exercise of constitutional powers and orders by the President/Governor be overridden under Article 142 of the Constitution of India?
11- Is a law enacted by the State Legislature, absent the Governor's assent under Article 200, executable as enacted law?
12- In view of Article 145(3) of the Constitution of India, is any bench of this Hon'ble Court mandated to first determine whether the proceeding involves substantial questions of law interpreting the Constitution requiring reference to a bench of at least five judges?
13- Are the Supreme Court’s powers under Article 142 confined to procedural law matters, or does Article 142 extend to issuing directives/orders contrary or inconsistent with existing substantive or procedural constitutional provisions or applicable law?
14- Except through litigation under Article 131, does the Constitution restrict the Supreme Court's jurisdiction in resolving disputes between the Union and State Governments?
