Presidential Reference

Why in News? The Supreme Court of India has recently issued notices to the Union Government and all State Governments in response to a Presidential Reference. The court is being asked to give its opinion on whether the President and Governors can be judicially compelled to act within a specific time frame on Bills passed by State Legislatures.

Relevance : UPSC Pre &  Mains

Prelims :  Art 143 / advisory jurisdiction of the Court

Mains  : GS 2

Context of the Presidential Reference:

• The issue stems from the Supreme Court’s landmark ruling on April 8, 2024, where it held that:
  • Governors and the President cannot indefinitely delay decision-making on State Bills.
  • For the first time, the Court enforced judicial timelines on constitutional authorities.
  • This ruling came in response to Tamil Nadu’s petition against Governor R.N. Ravi, who had delayed action on 10 State Bills and later reserved them for Presidential consideration.

What is a Presidential Reference?

• Under Article 143(1) of the Constitution:
  • The President of India can refer questions of law or fact of public importance to the Supreme Court.
  • This is known as the advisory jurisdiction of the Court.
  • The Court is not dealing with a dispute but giving a legal opinion.

What Questions Are Being Asked?

The President has raised 14 legal questions, broadly seeking clarity on:

• Whether the President or Governors can be legally bound to act within time limits on Bills passed by State legislatures.
• Can courts prescribe timelines for such constitutional authorities?
• What is the proper constitutional role of the President and Governors in the legislative process?

Can the Supreme Court Refuse a Reference?

• Though the President may send a Reference, the Court is not bound to answer it.
• In In Re: Special Courts Bill (1978), the Court said it “may” answer a Reference — giving it discretion.
• In 1993, the Court refused to answer the Ayodhya-Babri Masjid dispute Reference, calling it unconstitutional.

Are Advisory Opinions Binding?

• Technically, No.
  • Advisory opinions do not have binding force, unlike rulings under Article 141.
  • But they carry strong persuasive authority.
• Example:
  • In K. Garg v. Union of India (1981), Justice Bhagwati treated a past advisory opinion as binding.
  • However, courts generally treat such opinions as guidance, not strict law.

Can the April 8, 2024, Ruling Be Overturned by This Reference?

• A Presidential Reference cannot be used to review or overturn a settled court ruling.
• Only a review petition or curative petition can be filed for that purpose.
• The April 8 decision, being adjudicatory in nature under Article 141, continues to prevail.

However:

• Under Article 143(1), the Court can refine or clarify earlier rulings without overturning
  • Example: Natural Resources Allocation Case (2012) — clarified spectrum allocation rules.
  • 1998 Judicial Appointments Reference: Revised functioning of the collegium system without overturning the 1993 ruling.

Conclusion:

• The current Reference is aimed at clarifying constitutional boundaries between the executive and judiciary.
• It will have important implications for federalism, governance, and the timely enactment of State laws.
• While not binding, the Supreme Court’s opinion will influence future governance and legislative-constitutional practice in India.