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The sentiment delivered by a five-judge Bench of the Supreme Court that the judiciary tin neither enforce timelines connected Presidents and Governors portion dealing with State Bills nor assistance them ‘deemed assent’ is lone advisory successful nature.
An advisory sentiment is lone that — an advice. Article 143 of the Constitution empowers the President to consult the Supreme Court, done a Reference, connected immoderate question of instrumentality which, for her, appears to beryllium 1 of nationalist importance.
Also work | Presidential Reference verdict updates
The Presidential Reference of May 13 had 14 questions, mostly regarding the ambit of the powers, functions and discretion of the Governors and the President nether Articles 200 and 201.
The Reference was made a small implicit a period aft a Division Bench of the Supreme Court, successful a judgement successful the Tamil Nadu Governor’s lawsuit successful April, fixed three-month timelines for the Governors and the President to determine connected State Bills sent to them for assent oregon reserved for her consideration, respectively.
The April 8 judgement of Justices J.B. Pardiwala and R. Mahadevan continues to beryllium binding, contempt the advisory sentiment delivered connected November 20, 2025.
Article 141 of the Constitution mandates that “the instrumentality declared by the Supreme Court shall beryllium binding connected each courts wrong the territory of India”. Further, Article 144 of the Constitution adds that “all authorities, civilian and judicial, successful the territory of India shall enactment successful assistance of the Supreme Court”.
These 2 Articles marque it clear, successful nary uncertain terms, that the instrumentality declared by the Supreme Court, done its judgments, is binding and “all” authorities are bound to comply with it. Hence, the April 8 judgement successful the Tamil Nadu Governor inactive holds fort arsenic law.
The Union authorities could person sought a reappraisal of the April 8 judgement if it was unhappy with it, but chose, done the President, to contented a Presidential Reference.
The States of Tamil Nadu and Kerala, successful their preliminary submissions, had argued that an sentiment fixed by a Presidential Reference Bench could neither acceptable speech the binding judgement of April successful the Tamil Nadu Governor lawsuit nor enactment arsenic a substitute for a reappraisal oregon a curative petition.
Tamil Nadu had contended that Presidential References similar this could some marque superior inroads into judicial independency and beryllium utilized arsenic an indirect endeavour to overturn Supreme Court judgments without going done law proceedings similar the reappraisal and curative.
The 2 States alleged the Reference was a ruse to marque the apex tribunal beryllium successful entreaty of its ain authoritative pronouncement successful the Tamil Nadu Governor case.
The five-judge Bench did not judge the preliminary objections of the States and recovered the Presidential Reference maintainable. The Bench observed that an “authoritative sentiment of this Court is mandated since the instrumentality connected the functions of the Governor and the President nether Article 200 and Article 201, cannot beryllium near successful a authorities of confusion, arsenic it would impede creaseless functioning of the Constitution”.
The Union authorities whitethorn usage this “authoritative opinion” of the Supreme Court arsenic a prize limb to question a reappraisal of the April 8 judgement of the apex court.
However, if specified a reappraisal petition is ever filed, the aforesaid 2 judges, Justices Pardiwala and Mahadevan, are expected to perceive it, Again, the question is would a Review Bench of the apex tribunal consciousness bound by the advisory sentiment to the President. eom
