On the day India’s new Chief Justice took charge, the President sent a special reference to the Supreme Court, urging a review of a verdict limiting Governor’s powers. Is this the beginning of a fresh Centre vs State and Judiciary confrontation?
New Delhi, May 15, 2025 – In a dramatic turn of events coinciding with the swearing-in of India’s 51st Chief Justice, the President of India has invoked a rare constitutional provision, sending a Special Presidential Reference to the Supreme Court. The move seeks reconsideration of a recent verdict by a two-judge bench that significantly curtailed the powers of state governors.
The Supreme Court’s earlier decision held that governors cannot indefinitely withhold assent to bills passed by state legislatures. The verdict came in response to mounting complaints from several state governments, alleging inordinate delays by governors in giving assent to crucial bills.
The timing of the Presidential move—on the very day a new Chief Justice of India assumed office—has sparked intense political and legal speculation. Many are interpreting it as a strategic constitutional counter-move by the Centre, potentially igniting fresh tensions between the Union government, state governments, and the judiciary.
What Did the Supreme Court Rule Earlier?
In its landmark judgment delivered by a two-judge bench, the apex court emphasized that:
- Governors are constitutional authorities, not political actors.
- They must act within reasonable timeframes when dealing with legislation passed by democratically elected state assemblies.
- Indefinite delays in giving or denying assent are unconstitutional and erode democratic values.
This decision was seen as a major victory for federalism and was welcomed by several non-BJP ruled states who had long accused governors of playing partisan politics.
What is a Presidential Reference?
A Presidential Reference under Article 143 of the Constitution allows the President to seek the Supreme Court’s opinion on matters of public importance or constitutional interpretation. While not binding, such opinions carry immense legal and moral weight.
Legal experts note that Presidential References are rare, and their use often signals serious constitutional debates or political undercurrents.
Why is This Move Significant?
- Timing Matters: Sending the reference on the same day the new CJI takes over hints at coordination and urgency from the Union government.
- Centre vs State Dynamics: With multiple opposition-ruled states voicing concerns over gubernatorial interference, this move could tilt the balance back in favor of the Centre—if the Court revises its earlier position.
- Judiciary Under Watch: The reference also subtly tests the stance of the new CJI and the future course of the apex court on matters where executive and judiciary frequently clash.
Political Reactions Pour In
- Opposition parties have slammed the move, calling it an attempt to undermine federalism and pressurize the judiciary.
- BJP leaders, however, argue that the Supreme Court must reconsider the long-term implications of its verdict on the functioning of constitutional offices like the Governor.
What’s Next?
The Supreme Court is now expected to constitute a larger bench to deliberate on the Presidential Reference. The outcome will not only define the powers and responsibilities of Governors, but could also set the tone for future Centre-State relations in India’s evolving federal structure.
As the nation watches closely, this moment marks more than just a change in judicial leadership—it may well be the beginning of a new chapter in India’s constitutional and political discourse.