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Governor vs. State

Presidential Reference on Governors & State Bills (2025)

Prelims Only | Polity | Mains Paper 2: Constitutional Bodies,Federalism
 Why in the news?
 Chief Justice of India B.R. Gavai, on November 23, 2025, clarified the Supreme Court’s advisory opinion in the 2025 Presidential Reference regarding timelines for Governors and the President in granting assent to State Bills.

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.

Background: 

Tamil Nadu Governor Case (April 8 Judgment) The April 8, 2025 Supreme Court judgment held:
  • Governors/President must act on pending Bills within 3 months,
  • Or else the Bill would be “deemed to have received assent”.

This introduced a judicially created timeline not explicitly present in the Constitution. This triggered the Presidential Reference seeking clarity.

Supreme Court’s Advisory Opinion (November 20, 2025)

A five-judge Bench led by CJI Gavai issued the following clarifications:

a) No Mandatory Timeline: The Constitution does not prescribe specific timelines for Governors or the President. Judiciary cannot read timelines into the Constitution.

b) “Reasonable Period” Standard: Governors and President must act within a “reasonable period”. However, the Court did not define what constitutes “reasonable”.

c) No Endless Delay: Governors cannot sit indefinitely on Bills. Courts may exercise limited judicial review in extreme delay cases.

d) Context Matters: Routine Bills → 1 month may be reasonable. Bills related to internal/external emergency → may require more time.

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.”

Which of the following are the discretionary powers given to the Governor of a State? (PYQ 2014)

1. Sending a report to the President of India for imposing the President’s rule 

2. Appointing the Ministers 

3. Reserving certain bills passed by the State Legislature for consideration of the President of India 

4. Making the rules to conduct the business of the State Government 

Select the correct answer using the code given below: 

(a) 1 and 2 only 

(b) 1 and 3 only 

(c) 2, 3 and 4 only 

(d) 1, 2, 3 and 4

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