The Supreme Court will begin hearings on a Presidential Reference from Monday, with a five-judge Constitution bench led by Chief Justice B.R. Gavai first hearing preliminary objections from Tamil Nadu and Kerala on the maintainability of the case.
The reference, moved under Article 143 by President Droupadi Murmu, seeks the Court’s opinion on whether fixed timelines can be imposed on Governors and the President for acting on bills passed by state legislatures.
In its submission, the Centre has opposed the idea, arguing that such timelines would upset the constitutional balance and result in the judiciary assuming powers not assigned to it. It maintains that Articles 200 and 201 intentionally contain no time limits and that introducing deadlines would amount to amending the Constitution through interpretation.
The Centre has described the roles of the Governor and President in granting assent as plenary and non-justiciable, lying outside the scope of judicial timelines.
The reference follows an April Supreme Court ruling that held Governors must act on cabinet advice and that the President should decide on reserved bills within three months.
The Court will hear preliminary objections on August 19, the Centre and supporting states on August 20, 21, and 26, and opposing states on August 28 and September 2, 3, and 9.
The outcome is expected to impact Centre-state legislative relations, particularly in cases where bills passed by elected assemblies face delays in receiving assent.
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