The Supreme Court will hear later today a crucial Presidential Reference on delays by Governors and the President in acting on State Bills. Kerala and Tamil Nadu oppose it as “not maintainable.”
New Delhi: Today, on July 29, the Supreme Court of India is today hearing an important Presidential Reference (Special Reference No. 1 of 2025) that seeks clarity on the constitutional powers of the Governor and the President of India in matters related to State Bills—particularly, their authority to assent to, withhold, or reserve such bills.
This highly significant matter is being heard by a Special Constitutional Bench consisting of the Chief Justice of India (CJI) and Justices Surya Kant, Vikram Nath, Pamidighantam Sri Narasimha, and Atul S. Chandurkar. The hearing is scheduled for 10:30 AM in the Chief Justice’s Court.
This comes after an earlier direction from a special bench led by CJI B.R. Gavai, which had stated:
“Give notice to the Union of India and all the State Governments. Notice to be returnable on next Tuesday. Also issue notice to all standing counsels.”
The Presidential Reference seeks clarity following widespread controversy around the delay and discretion exercised by Governors and the President in acting upon Bills passed by State Legislatures.
This issue has gained national importance with state governments claiming that Governors are sitting on Bills indefinitely, affecting democratic governance.
In a major development, the Government of Kerala has moved the Supreme Court arguing that the Presidential Reference itself is flawed and should not be admitted.
The Kerala Government has asked the Court to dismiss the reference at the threshold.
Backing this line of argument, the Government of Tamil Nadu has also strongly opposed the maintainability of the reference.
Tamil Nadu’s counsel argued before the Court that:
“Presidential Reference on Governor & President’s powers over state bills is not maintainable,”
adding further that it is:
“an appeal in disguise”
intended to overturn the Constitution Bench’s earlier ruling in State of Tamil Nadu vs Governor of Tamil Nadu (2025) decided on April 8.
The Centre’s Reference seeks the Supreme Court’s opinion under Article 143 of the Constitution, but states argue that the question of law raised has already been addressed by the earlier judgment.
Background Of The Case
The Presidential Reference No. 1 of 2025 stems from a growing constitutional conflict between several State Governments and the office of the Governors and the President of India over the processing of State Bills. Under Articles 200 and 201 of the Constitution, a Governor has the authority to assent to a Bill, withhold assent, return it (if it’s not a money bill), or reserve it for the consideration of the President.
However, in recent years, Governors in states like Tamil Nadu, Kerala, and Punjab have allegedly delayed taking any action on Bills passed by the State Legislatures, some of which were left pending for several months without explanation.
This has raised concerns about the erosion of federal principles and the misuse of discretionary powers. In light of these developments and following a significant judgment by the Supreme Court in April 2025 in State of Tamil Nadu vs Governor of Tamil Nadu, which criticized such delays, the Union Government has invoked Article 143 to seek the Supreme Court’s advisory opinion.
The reference seeks clarity on the scope and limits of the powers of the Governor and the President in dealing with State legislation, and whether prolonged inaction or reservation of Bills undermines the democratic functioning of State Governments within India’s federal structure.
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