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An opinion sought

In a significant constitutional moment, the President of India has sought the Supreme Court’s advisory opinion under Article 143(1) on whether timelines can be judicially imposed on constitutional authorities ~ Governors and the President ~ when acting on bills passed by state legislatures.

An opinion sought

Supreme Court (Photo: IANS)

In a significant constitutional moment, the President of India has sought the Supreme Court’s advisory opinion under Article 143(1) on whether timelines can be judicially imposed on constitutional authorities ~ Governors and the President ~ when acting on bills passed by state legislatures. This move is more than a legal formality; it is a measured step by the Union government to re-calibrate the delicate architecture of India’s federal democracy. At the heart of this issue is the Supreme Court’s April 8 ruling that placed time-bound obligations on Governors and the President to act on state legislation. The judgment arose from Tamil Nadu’s protracted tussle with its Governor over several bills pending assent.

The court declared that constitutional functionaries cannot remain in prolonged inaction, especially when such delays obstruct the legislative will of an elected assembly. What makes the Court’s intervention momentous is its use of implied timelines ~ deriving urgency from principles of constitutional morality and federal balance, even though Articles 200 and 201 do not expressly stipulate deadlines. While this may be seen as judicial activism, it is also a response to repeated patterns of Governors withholding or sitting indefinitely on bills, sometimes even after legislatures re-pass them ~ an action that constitutionally leaves the Governor with no discretion. The Presidential Reference now tests the contours of this intervention. Can courts prescribe methods or deadlines where the Constitution is silent? Can the discretionary space afforded to the President and Governors under Articles 200 and 201 be judicially structured without violating the separation of powers? In raising these questions, the Reference appropriately separates institutional mechanism from political controversy.

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The President, as the ceremonial head of the Union, is acting within her constitutional role in seeking clarity ~ not contesting the court’s wisdom but highlighting areas where institutional expectations now require definitive constitutional answers. There is merit in both sides. Judicial discipline demands that courts not legislate. Yet, when constitutional silence enables executive impasse ~ particularly in Centre-state relations ~ the court’s role as the guardian of the constitution becomes vital. The ruling rightly noted that long delays frustrate the will of the people, expressed through elected state legislatures, and disrupt cooperative federalism. Imposing judicially mandated timelines is not an overreach but a necessary safeguard to up hold legislative intent, prevent constitutional impasses, and ensure that state bills reflect the democratic will without indefinite delay. The imposition could have been avoided had the executive responded with alacrity.

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If left unresolved, such standoffs corrode trust in constitutional governance. This moment, therefore, offers a valuable opportunity to clarify not just timelines, but also institutional responsibilities, judicial boundaries, and the spirit of federalism. The Supreme Court’s opinion must strike a balance between ensuring accountability in high office and preserving the rightful autonomy of constitutional functionaries. Ultimately, this Reference is not just about bills or deadlines ~ it is about restoring the rhythm of a federal compact where roles are respected, processes are not obstructed, and the people’s mandate flows unimpeded through the machinery of the state.

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