SC Questions Opposition to Presidential Reference on Bill Timelines

The Supreme Court on Tuesday raised a key question while hearing arguments from the governments of Tamil Nadu and Kerala, which opposed the maintainability of a presidential reference on timelines for action on state bills.

A five-judge Constitution Bench led by Chief Justice B R Gavai asked, “What is wrong if the president herself seeks views through a presidential reference on whether fixed timelines can be imposed on governors and the president for acting on bills passed by state legislatures?”

Senior advocate Abhishek Manu Singhvi, representing the Tamil Nadu government, argued that such a move would amount to an “intra-court appeal, directly or indirectly,” which is not permissible under Article 143 of the Constitution.

The presidential reference seeks clarity on whether the governor and president should be bound by specific timeframes in granting assent or returning bills passed by state legislatures. This issue has gained prominence amid repeated tensions between state governments and governors over delays in bill approvals.

The matter remains under consideration, with the bench highlighting the constitutional importance of balancing legislative intent and executive discretion.