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The reference specifically challenges a previous order issued by a division bench of the Supreme Court on April 8, 2025, concerning governors’ powers
The Presidential Reference is now set to be heard by a Constitution Bench of the Supreme Court, headed by Chief Justice BR Gavai. File pic/PTI
In a rare and significant move, the President of India has sent a presidential reference to the Supreme Court, seeking clarity on crucial questions of law pertaining to the powers of governors and the extent of the apex court’s own authority. This matter is now set to be heard by a Constitution Bench of the Supreme Court, headed by Chief Justice BR Gavai.
The reference specifically challenges a previous order issued by a division bench of the Supreme Court on April 8, 2025, concerning governors’ powers. The President’s reference asserts that this particular order constituted a “clear overreach” by the judiciary. It formally asks the Supreme Court to set up a Constitution Bench to clarify 14 intricate questions of law arising from the judgment.
Central to the President’s concerns is the Supreme Court’s exercise of its extraordinary powers under Article 142 of the Constitution, which allows it to pass “any order” necessary for doing complete justice in a matter. The reference pointedly asks how the Supreme Court can impose timelines for action when the Constitution itself does not prescribe such deadlines, particularly in matters concerning the assent to bills by governors and the President. This directly questions the April 8 verdict, which had, in certain cases, set deadlines for governors to act on bills passed by state legislatures and even deemed some bills to have received assent.
The President’s reference further probes how the Supreme Court can substitute the constitutionally mandated powers of the President and governors with its own powers under Article 142. This aspect highlights a perceived encroachment on the executive and legislative domains, raising fundamental questions about the separation of powers inherent in the Indian constitutional framework. The upcoming hearing by the Constitution Bench is expected to delve deep into these foundational legal principles.
Ananya Bhatnagar, Correspondent at CNN-News18, reports on various legal issues and cases in lower courts and the Delhi High Court. He has covered the hanging of the Nirbhaya gang-rape convicts, JNU violence, De…Read More
Ananya Bhatnagar, Correspondent at CNN-News18, reports on various legal issues and cases in lower courts and the Delhi High Court. He has covered the hanging of the Nirbhaya gang-rape convicts, JNU violence, De… Read More
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