The opinion delivered by a five-judge Bench of the Supreme Court that the judiciary can neither impose timelines on Presidents and Governors while dealing with State Bills nor grant them ‘deemed assent’ is only advisory in nature.
An advisory opinion is only that — an advice. Article 143 of the Constitution empowers the President to consult the Supreme Court, through a Reference, on any question of law which, for her, appears to be one of public importance.
Also read | Presidential Reference verdict updates
The Presidential Reference of May 13 had 14 questions, largely regarding the ambit of the powers, functions and discretion of the Governors and the President under Articles 200 and 201.
The Reference was made a little over a month after a Division Bench of the Supreme Court, in a judgment in the Tamil Nadu Governor’s case in April, fixed three-month timelines for the Governors and the President to decide on State Bills sent to them for assent or reserved for her consideration, respectively.
