In Focus by The Hindu Presidential reference: Is the Supreme Court’s opinion a blow against federalism?
Nov 26, 2025
In this discussion, legal correspondent Krishnadas Rajagopal delves into the Supreme Court's recent advisory opinion on the Presidential Reference concerning the powers of Governors and the President. He breaks down the impact of the ruling, which has no fixed timelines for action on state bills, potentially allowing prolonged inaction. Rajagopal also explores its contradiction with a previous judgement and raises pressing questions about federalism and the risk of politically motivated delays in legislative processes.
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What A Presidential Reference Actually Is
- A presidential reference is an advisory opinion under Article 143, not a binding judgment.
- The Supreme Court answers constitutional questions for the President but that opinion does not override adjudicatory judgments.
Reference Triggered By Conflicting Judgments
- The 16th presidential reference was prompted by conflicting rulings, including the April 8 Tamil Nadu judgment.
- The Centre framed it as a request for clarity rather than an appeal against that judgment.
No Timelines, No Deemed Assent
- The five-judge opinion ruled no fixed timelines or deemed assent for governors or the President.
- It reaffirmed limited gubernatorial discretion with judicial scrutiny only for prolonged unexplained inaction.