INTEGRATED MAINS AND PRELIMS MENTORSHIP (IMPM) 2025 Daily KEY
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Presidential reference and Tariffs and its significance for the UPSC Exam? Why are topics like Lieutenant Governor, Article 324 of the Constitution, Satellite Internet important for both preliminary and main exams? Discover more insights in the UPSC Exam Notes for August 20, 2025 |
For Preliminary Examination: Current events of national and international significance
For Mains Examination: GS II - Indian Polity
Context:
A Presidential Reference Bench of five judges, headed by Chief Justice of India B.R. Gavai, observed on Tuesday that the Supreme Court’s move to grant deemed assent to 10 crucial Tamil Nadu State Bills may have been a way to resolve an “egregious situation” created by the State’s Governor, who had sat on the Bills since 2020.
Read about:
Presidential reference
Governors and their powers
Key takeaways:
- The President made a Reference to the Supreme Court under Article 143 of the Constitution, a month after a two-judge Bench delivered its April 8 verdict in the Tamil Nadu Governor case.
- In that ruling, the Bench addressed a constitutional gap by prescribing fixed timelines for Governors and the President to either give assent, withhold approval, or reserve State Bills for reconsideration, as per Articles 200 and 201.
- The Bench, led by Justice J.B. Pardiwala, also invoked Article 142 to declare that Tamil Nadu’s pending Bills would receive ‘deemed assent.’ It further ruled that any Bill kept pending with the President or a Governor beyond three months would automatically be considered approved.
- During Tuesday’s hearing, Attorney General R. Venkataramani contended that the court had exceeded its jurisdiction by using Article 142 in this way. He argued that the Constitution itself does not prescribe any time limits for the President or Governors in processing State Bills, and therefore the Court’s powers under Article 142 cannot override constitutional provisions
Presidential Reference
- A Presidential Reference is a special provision under Article 143 of the Indian Constitution, which allows the President of India to seek the opinion of the Supreme Court on questions of law or issues of public importance.
- It is not a dispute in the usual sense but a way for the executive to obtain legal clarity on complex constitutional matters.
- When the President feels that a particular issue involves ambiguity, conflict of interpretation, or could have significant implications for governance, he can formally refer it to the Supreme Court.
- The Supreme Court, in turn, examines the question and provides its advisory opinion. This opinion is not binding on the President or the government, unlike the Court’s regular judgments. However, in practice, the government usually respects and follows the Court’s view because it carries great legal and moral authority.
- The Presidential Reference has been used in several landmark instances, such as the Berubari case (1960) on the transfer of territory to Pakistan, the Ayodhya dispute (1993), and issues relating to judicial appointments.
- This mechanism highlights the consultative relationship between the executive and the judiciary, ensuring that the highest constitutional authority can guide decision-making in situations where the law is unclear or silent.
Governors and their Powers
- The Governor is the constitutional head of a state in India, appointed by the President under Article 155. Though the Governor holds office at the pleasure of the President, his role is often seen as that of a bridge between the Union and the State.
- The Governor functions broadly as a nominal executive, with real power resting in the elected Council of Ministers headed by the Chief Minister.
- The Governor’s powers can be classified into executive, legislative, judicial, and discretionary power