16-May-2025 Daily Answer Writing
Q1) Discuss the constitutional and federal implications of the Presidential Reference to the Supreme Court on the timeline for Governors and the President to act on State Bills.
(GS Paper 2, 15 Marks, 250 Words)
Answer:
The recent Presidential Reference under Article 143 seeks the Supreme Court’s opinion on whether time-bound directives can be imposed on the Governor and the President for assent to State Bills under Articles 200 and 201. This move follows growing tensions between the Centre and Opposition-led States, with Governors increasingly delaying decisions on legislations passed by State Assemblies.
Constitutional and Federal Concerns:
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Breakdown of Federal Norms: Prolonged delays in assent undermine legislative autonomy of States, leading to legislative paralysis and political deadlock.
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Violation of Cooperative Federalism: The discretionary powers of the Governor and the President were not meant to become instruments of central interference.
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Judicial Interpretation Needed: Courts are increasingly being called upon to clarify constitutional silence on time limits, which is indicative of institutional gaps in India’s federal framework.
Separation of Powers and Judicial Oversight:
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While judicial review is a basic feature of the Constitution, prescribing strict timeframes could be seen as judicial overreach into the executive domain.
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However, in cases of deliberate inaction, courts may assert the principle of constitutional accountability to prevent misuse of office.
Significance of Article 143 Reference:
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Rarely used, this mechanism reflects the gravity of the constitutional question and offers a platform for judicial guidance without litigation.
Conclusion:
The outcome of this reference will shape the future of Centre–State legislative relations. A balanced judgment could reinforce federalism, clarify constitutional duties, and prevent political misuse of constitutional positions.
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