Courts cannot fetter President, Governor: SC

For Preliminary Examination:  Current events of national and international Significance like Presidnetial reference

For Mains Examination: GS II - Indian Polity

Context:

A five-judge Bench of the Supreme Court on Thursday answered the 16th Presidential Reference the country has witnessed by opining that the judiciary cannot fetter Governors and the President to “one-size-fits-all” time-tables to dispose of State Bills or usurp their functions by assuming “deemed consent” of the proposed laws at the expiry of a court-ordered time frame

Read about:

What is Presidential reference?

Basic structure of the Constitution

Key takeaways:

Presidential reference

• A Presidential Reference is a mechanism under Article 143 of the Indian Constitution that allows the President of India to seek the opinion of the Supreme Court on questions of law or matters of public importance that may be unclear, complicated, or potentially controversial.
• In simple terms, imagine a situation where the government or the President faces a legal uncertainty—something that isn’t clearly explained by existing laws or past judgments.
• Instead of guessing or taking a risky decision that might later cause problems, the President can formally ask the Supreme Court for guidance. This request is known as a Presidential Reference.
• When such a reference is made, the Supreme Court examines the issue in detail, hears arguments from relevant parties if needed, and then gives its opinion.
• While this opinion is not technically binding in the way a normal court judgment is, it is treated with great respect and is almost always followed because it comes from the highest court in the country.
• In essence, a Presidential Reference acts like a constitutional consultation: the President asks, the Supreme Court clarifies, and the government gains a legally sound direction on important or sensitive matters

What is the basic structure of the Constitution?

 

• The basic structure of the Constitution refers to those fundamental principles and essential features of the Indian Constitution that cannot be altered, damaged, or destroyed by the Parliament through constitutional amendments.
• The idea emerged from judicial interpretation, especially in the Kesavananda Bharati case (1973), where the Supreme Court held that although Parliament has wide powers to amend the Constitution, it cannot change its core identity.
• To understand it simply, think of the Constitution as a building: Parliament can renovate, repair, or update rooms, but it cannot break the foundation pillars that hold the building together. These foundation pillars are what we call the basic structure.
• The courts have, over time, explained what elements form part of this basic structure.
• They include things like the supremacy of the Constitution, the democratic and republican form of government, the rule of law, the separation of powers, the independence of the judiciary, fundamental rights, federalism, and judicial review, among others.
• These principles ensure that India remains a democracy governed by constitutional limits and not by arbitrary power.

 

Follow Up Question

Mains

1.The Basic Structure Doctrine acts as a constitutional safeguard against the arbitrary use of amending power by Parliament.” Discuss the evolution, significance, and contemporary relevance of this doctrine

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