SC may set up a Constitution Bench to hear the Presidential reference on 'Substantial Questions of Law'

The Supreme Court Bench comprising of Justice JB Pardiwala and Justice Mahadevan had earlier turned down the request of the Government of India to send the case relating to assent to bills by governors and president to a larger Constitution Bench on the ground that it involved 'substantial questions of law'.

- BY DR. GYAN PATHAK

Nevertheless, the Bench went ahead and announced its final verdict imposing deadline on governors and president on assent on bills.

It had determined that the case did not raise any 'substantial question of law' requiring for a Constitution Bench hearing. The Bench deemed the issues involved were more about the interpretation and application of existing legal principles rather than a fundamental challenge to the Constitution itself.

After refusal of the Supreme Court Bench to send the case to a larger Constitution Bench, the government had no option left to explore the presidential reference route to send the case to a Constitution Bench for review.

Now the President of India, by exercising the provision of the Constitution of India under article 143(1) allowing the President to seek the Supreme Court's opinion on the matter of legal and public importance, has made a reference to the Supreme Court of India for its opinion on the judgement, that imposed time limit for assent on bills passed by states by the governors and the president.

The top court will now have to set up a Constitution Bench for answering the reference.

In the landmark judgement on April 8, 2025, in the State of Tamil Nadu vs Governor of Tamil Nadu case, the Bench had set the timeline for the President to act as per Article 201 of the Constitution of India on Bills which the Governor has sent for the President's assent.

The court held that the President must take a decision within 3 months on the Bills reserved. The Bench has also set a timeline for the Governor's action on Bills under Article 200.

The Bench has said that in case of any delay beyond this period, appropriated reasons would have to be recorded and conveyed to the concerned state.