Presidential Reference hearing highlights: Several States argue against fixing timelines for President, Governors Several States, mostly ruled by the BJP, argued in favour of the Presidential Reference and against fixing a time limit to higher Constitutional Authority.

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Presidential Reference hearing highlights: Several States argue against fixing timelines for President, Governors
Several States, mostly ruled by the BJP, argued in favour of the Presidential Reference and against fixing a time limit to higher Constitutional Authority.
Updated – August 26, 2025 06:35 pm IST

The Hindu Bureau
A five-judge Constitution Bench of the Supreme Court is hearing a Presidential Reference on imposing timelines on President and Governors.
A five-judge Constitution Bench of the Supreme Court is hearing a Presidential Reference on imposing timelines on President and Governors. | Photo Credit: Deepika Rajesh

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A five-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India B.R. Gavai, on Tuesday (August 26, 2025), continued its hearing on the Presidential Reference seeking clarity on whether fixed timelines could be imposed on Governors and President while dealing with bills passed by the State legislatures.

Also Read | Can Supreme Court’s opinion on a Presidential Reference alter its prior ruling?

After Solicitor General Tushar Mehta, appearing for the Centre, concluded his arguments during the hearing on August 21, counsels representing States ruled by NDA, including Maharashtra, Goa, Haryana, Chhattisgarh and Puducherry, argued that prescribing a timeline for President and Governors to decide on the Bills passed by legislatures was against the spirit of discretionary powers given to the constitutional authority.

Also Read | Supreme Court counters Centre’s argument that President has no assent time limit

The case has been posted to August 28, when the opposing parties are expected to present their arguments.

Also Read | Highlights from the previous hearing on August 21, 2025

Key Updates
Watch: Can the President’s questions make the Supreme Court rethink its own verdict?
August 26, 2025 16:15
Bench rises for the day
The hearing will continue on August 28, when the opposing parties are expected to present their arguments.

August 26, 2025 16:13
Constitutional silences are meant to be obscure: Haryana
Senior advocate Guru Krishnakumar appears for Haryana.

He argues constitutional silences are meant to be obscure. How long is too long for the Givernor to have kept a Bill, he wonders.

August 26, 2025 16:12
Can a State can approach the SC against gubernatorial delay?
Solicitor General Tushar Mehta says he is awaiting instructions from the Centre today as to whether he ought to argue on the issue of whether a State can approach the SC against gubernatorial delay under Article 32 or should have come under Article 131 of the Constitution

August 26, 2025 16:10
‘Not taking a decision is also a decision’
Reading restrictions into A. 200 would make these provisions otiose says Mr. Navare.

President and Governors must have complete freedom/discretion to say no. It is not an empty formality, he insists.

Not taking a decision is also a decision, says Mr. Navare quoting former PM Narasimha Rao. Delay could be used to defuse a tense situation in a State, he submits.

Mr. Navarre says there are political solutions other than taking delegations to constitutional authorities to delay. The solution is the will of the people, he concludes.

August 26, 2025 16:08
President and Governors can say ‘no’ to legislations: Puducherry
Senior advocate Vinay Navare, appearing for Puducherry, says President and Governors have power to say ‘no’ in the case of State legislations.

Article 286 and 287 specifically limits States to make laws only applicable within their borders. If not, the Centre would intervene through the Parliament, he adds.

He also refers to Article 302. This provision allows Parliament to legislate limitations by law, ensuring that the broader public good takes precedence over absolute freedom in these economic activities.

August 26, 2025 16:06
Puducherry argues in favour of the Reference
Union Territory of Puducherry refers to Article 253 – the legislation for giving effect to international agreements.

Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body, the counsel submits.

August 26, 2025 15:33
CJI reiterates Presidential Reference Bench is not sitting in appeal of the April 8 verdict
Mahesh Jethmalani says the April 8 judgment is based on an Article 32 petition filed by the Tamil Nadu government.

The conduct of the Governor cannot be the subject of an Article 32 petition, he says.

He repeats the case, once accepted, ought to have been referred to a five-judge Bench.

That issue is closed, says CJI and reminds him to stick to arguments that are not mentioned by other counsels.

August 26, 2025 15:24
‘Disrespectful to give timelines’
Timelines are never prescribed the Constitution. Only the State Legislative Council have a timeline, that too for Money Bills, says Mr. Jethmalani.

He adds it is disrespectful to give timelines.

Bills can be held even after the tenure of the Assembly ends, he says.

August 26, 2025 15:22
Withhold means rejection: Mahesh Jethmalani
Senior advocate Mahesh Jethmalani, appearing for Chhattisgarh, says discretion in the Governor is not contrary to a responsible, responsive government.

He claims withholding means rejecting the Bill.

August 26, 2025 15:10
What about Money Bill?
Solicitor General Tushar Mehta intervenes to point out that wherever the Constitution wanted time limits, it has specifically mentioned deadlines and included the ‘deemed assent’ clause.

He refers to Article 198(5) of the Indian Constitution which states that if a Money Bill passed by a State Legislative Assembly is not returned by the Legislative Council with its recommendations within 14 days, it is deemed to have been passed by both Houses of the Assembly.

August 26, 2025 15:03
Constitution does not define deemed assent: Goa counsel
Additional Solicitor General Vikramjit Banerjee, appearing for Goa, says the process of legislation cannot be complete without the assent of the Governor.

Constitution does not define deemed assent. Judiciary cannot insert itself into a legislative role, he argues.

There is no constitutional law anywhere by which a court could grant deemed assent to a Bill, he says.

August 26, 2025 15:02
‘Judiciary cannot be the pill for all diseases’
Mr. Natraj summarises the issues to three points:

1. Is it permissible to impose time limits?

2. Does failure to adhere to time limit leads to deemed assent?

3. If the situation before the assent is justiciable?

Citing Article 200 and Article 361, he argues that President and Governor has absolute discretion prior to giving assent.

Quoting S.R. Bommai case, he says ‘as soon as possible’ is an absolute discretion.

Judiciary cannot be the pill for all diseases, he says concluding his arguments.

August 26, 2025 14:49
‘Constitutionality’ cannot be what the judges want to be
Additional Solicitor General K.M. Nataraj appears for Odisha and Uttar Pradesh. He submits President and Governors enjoy absolute functional autonomy and have wide powers of discretion.

Mr. Nataraj says ‘constitutionality’ cannot be what the judges want to be.

There is no constitutional silence in Articles 200. The language is clear and intention is clear. Wide discretion is allowed to Governors. Judiciary cannot step in and curb their power, Mr. Nataraj argues.

August 26, 2025 14:38
‘Earlier SC judgment hase said judiciary can’t take over legislative functions’
Mr. Singh takes the court through judgments that SC cannot take on legislative functions, by granting deemed assent and prescribing time limits to the Governors and the President

August 26, 2025 14:26
Substantial questions of law should be referred to a Bench of minimum of five judges: Rajasthan
Mr. Singh says substantial questions of law should be referred to a Bench of minimum of five judges under Article 145(3), referring to the two-judge Bench deciding the TN Governor case.

The assent of a Bill is a full-fledged legislative act, which cannot be confined to any time limits, he reiterates.

August 26, 2025 14:24
Rajasthan opposes time limit set to Governor
Bench reassembles. Senior advocate Maninder Singh is appearing for Rajasthan. He is also against giving a time limit for Governors to decide on the Bill.

Solicitor General said he will leave some points to others taking the side of the government, but he ended up saying everything, says Mr. Singh in a lighter vein.

You should have taken it up with the S-G, says CJI.

August 26, 2025 13:06
Bench rises for lumch
August 26, 2025 12:31
‘Article 200 does not specify when a Governor has to assent, withhold or reserve a Bill for consideration of the President.’
Is Governor’s power amenable to judicial review? Harish Salve replies in negative. “If a power is vested on such a high authority, the authority has to be satisfied with the use of such power,” he argues.

Mr. Salve argues Article 200 does not specify when a Governor has to assent, withhold or reserve a Bill for consideration of the President. So how can the judiciary lay down conditions?

Mr. Salve says Article 200 does not give any preconditions for the Governor to give assent, withhold or reserve Bills. Then, how is it possible to make a judicial decision on his bonafide?

August 26, 2025 12:16
Time limits can’t be imposed on Governor: Salve
On timeline, Mr. Salve says no time limits cannot be imposed on the Governor. He is not sitting in an ivory tower making decisions.

August 26, 2025 12:15
‘India not federal but a constitutional construct resembling federalism’
Harish Salve, for Maharashtra, argues India is not a federal nation but a constitutional construct resembling federalism.

Do we look at our constitution to see who it is created or interpret provisions linked to union and states with prior notion that it is understood to make some notion on federalism. Framers have created have a system where Union can refuse a Bill passed by assembly what is uncharitably characterised as veto. It exists, unless we rewrite Article 201, he says.

Does this mean the Union Government can reject a Bill passed by a State legislature, asks CJI.

Mr. Salve replies in affirmation. “Entire exercise of trying to avoid a veto like power overlooks that the language of Article 201 does not admit of any such limitation. If that is the starting point of debate and we give up notion that finding veto is antithetical or erodes the constitution, we come to different conclusions,” he says.

August 26, 2025 11:44
‘It cannot be assumed that in every case where the Governor has not issued the declaration immediately, the Governor is guilty of inactivity’
Article 200 does not set out a time limit in which the Governor has to exercise his discretion. The obvious reason for this is that the Governor has to take a considered decision on the future course of action in a manner which would be consistent with the constitutional balance between the different institutions, while maintaining due deference to the wisdom of the legislature of the State. It cannot be assumed that in every case where the Governor has not issued the declaration immediately or in a short period of time, the Governor is guilty of inactivity, Harish Salve says.

August 26, 2025 11:31
Salve argues the Centre has control over the State legislature
CJI quotes Ambedkar saying that the States would function within their domain and the Centre within its own unless there is an internal emergency.

The language of Article 200 casts a duty upon the Governor to make a declaration when a bill is presented to the Governor. The Constitution contemplates a positive act by way of declaration; as long as a declaration is made, the Governor is not being “inactive” and remiss of his constitutional duties, argues Mr. Salve.

August 26, 2025 11:31
The assent to a bill is the culminating step of this legislative procedure: Maharashtra
Senior advocate Harish Salve commences for Maharashtra.

The assent to a bill is the culminating step of this legislative procedure, by which a law is “enacted” by the legislative body. The functions of the Governor under Article 200 are indisputably legislative in character.

August 26, 2025 11:21
Kaul’s concluding argument
On deemed assent, Mr. Kaul submits it is completely irregular to re-allocate a high plenary power like granting assent from the Governor/President to the judiciary. Mr. Kaul concludes.

August 26, 2025 11:20
‘If there is an egregious conduct on the part of the Governor, the Parliament is the best placed to take care of it’
So if somebody sits on Bills from 2020 to 2025, should the court sit powerless? CJI asks Mr. Kaul.

If there is an egregious conduct on the part of the Governor, the Parliament is the best placed to take care of it, the senior advocate states.

You have said so in your own judgments, Mr. Kaul adds.

August 26, 2025 11:12
‘Discretion of President/Governor is incapable of being judicially reviewed’
Mr. Kaul begins to address on the scope of judicial review while considering the discretion of the Governor.

Where there are no judicially manageable standards to judge an action, it will not be susceptible to judicial process. Discretion of President/Governor is incapable of being judicially reviewed, he argues.

If powers of the President/Governor’s report can be judicially reviewed, why is their conduct under Article 200, 201 not so, asks the CJI.

To this, Mr. Kaul reiterates Centre’s stand that if there is anything wrong in the conduct, the Parliament has to take care. It should not be placed before the judiciary

August 26, 2025 11:10
Governor can’t withhold a Bill when legislature passes it again: Madhya Pradesh
Governor is a vital link between the Central and the State governments, agrees CJI Gavai, but are you saying the Governor can still use his discretion even after the State Assembly reiterates a Bill?

Mr. Kaul replies: The Governor can either assent or refer the Bill to the President. He cannot withhold.

On gubernatorial discretion, Mr. Kaul submits: The discretion of the Governor cannot be put in a straitjacket, myriad situations may arise

August 26, 2025 11:07
Why should a Bill be sent to Governor?
Senior advocate Neeraj Kishan Kaul for Madhya Pradesh continues his arguments.

Quoting B.R. Ambedkar, Mr. Kaul says, Why should a Bill be sent to the Governor at all? Because it is his duty to advice, warn, suggest reconsideration. If not, what is the Governor for at all? He would be reduced to an absolutely unnecessary functionary.

He is not the representative of a political party, he, as the highest executive in the State, represents the people, say Mr. Kaul on the role of a Governor.

August 26, 2025 10:50
The Hindu Editorial on Presidential Reference
The presidential reference seeks to undermine a settled question, read The Hindu’s editorial published on May 17, 2025. “Governors are whimsical appointees of the Centre, and the Constitution does not vest them with infinite powers, least of all to undermine the elected Assembly. The Centre could have used the Court’s judgment to bring a closure to the controversy once and for all.”Click here to read the editorial.

August 26, 2025 10:32
14 questions raised by President Murmu in Presidential Reference
On May 13, 2025, President Droupadi Murmu made a rare reference to the Supreme Court under Article 143 of the Constitution, seeking its opinion on 14 significant questions concerning the powers of the Governor and the President under Articles 200 and 201.

These questions, all related to the authority to grant assent to Bills, follow the Supreme Court’s judgment in State of Tamil Nadu v. Governor of Tamil Nadu (2025), where the Court laid down timelines for constitutional authorities to act on Bills presented to them.

Here are the 14 questions.

August 26, 2025 09:50
Watch: Can the President’s questions make the Supreme Court rethink its own verdict?
Can the Supreme Court, while answering a Presidential Reference, overrule its own binding judgment?

​Watch The Hindu’s video explainer here​.

​

Can the President’s questions make the Supreme Court rethink its own verdict?
Can the Supreme Court, while answering a Presidential Reference, overrule its own binding judgment? That’s one of the central questions before a Constitution Bench led by Chief Justice of India B.R. Gavai, which is currently hearing a Reference issued by President Droupadi Murmu under Article 143 of the Constitution. But before we dive into that, here’s some context.

​
August 26, 2025 09:11
Supreme Court hearing on Presidential Reference: Highlights from August 21
Solicitor General Tushar Mehta, appearing for Centre, concluded his arguments by strongly advocating against prescribing a timeline for President and Governors to decide on the Bills passed by legislatures. The solution addressing the Constitutional silence on a time limit in Article 200 must come from the Parliament, and not in a judicial order, he argued.

Click here for highlights
August 26, 2025 09:09
Supreme Court hearing on Presidential Reference: Highlights from August 20
Solicitor General Tushar Mehta, appearing for Centre, argued in favour of discretionary powers of the Governor and fixing timelines for considering Bills could lead to reducing the constitutional power of the post. His arguments cited the Consitutional debates and draft Consititution as well.

Click here for highlights
August 26, 2025 09:07
Supreme Court hearing on Presidential Reference: Highlights from August 19
The Attorney General and the Solicitor General made their submissions on why a timeline should not be given to President and Governors on disposing of the Bills. The arguments briefly also recalled the constitutional debates on Article 200 that deals with the powers of the Governor regarding Bills passed by the Legislature.

Click here for highlights
August 26, 2025 09:05
Supreme Court hearing on Presidential Reference: Highlights from July 29
CJI sets the dates for the hearing on the matter. The Supreme Court decides that the Union government would be heard on August 19, August 20, August 21 and August 26.

Click here for highlights
Published – August 26, 2025

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