What is a Presidential Reference?

• Made under Article 143 of the Constitution.
• The President can seek the advisory opinion of the Supreme Court on questions of law or matters of public importance.
• Not binding, but carries high persuasive value.
• Cannot overrule an existing judgment, but can clarify the law.

CJI Gavai emphasised that the advisory opinion is not a judicial review judgment.

Key Constitutional Provisions Involved

Article 200 – Governor’s options on State Bills

1. Give assent

2. Withhold assent

3. Return the Bill (if not a Money Bill)

4. Reserve the Bill for President’s consideration

Article 201 – President’s powers over reserved Bills

• Grant or withhold assent

• No fixed timeline prescribed

Article 143 – Presidential Reference

• Supreme Court gives advisory opinion

Why is this Important for UPSC Prelims?

This case clarifies the separation of powers, federalism, and the role of constitutional authorities.

Prelims often tests:

• Powers of Governor
• Assent procedures for Bills
• Nature of advisory jurisdiction
• Limits of judicial interpretation

Other Key Statements by CJI Gavai (Factual Highlights)

a) Advisory Opinion vs Judgment: Advisory opinion cannot overturn a judgment.

b) Judiciary–Executive Relations: CJI rejected the idea that “friction” is necessary between judiciary and government.

c) Judicial Independence: A judge’s independence is not measured by ruling against the government.

d) High Court Judge Transfers: Transfers made for administrative reasons and sometimes due to complaints after verification.

e) Personal Note: CJI forgave a lawyer who threw an object at him: “It’s how I was brought up.”