Constitutional clarity: On hearings on the Presidential Reference
Presidential Reference proceedings strengthen case against delays by Governors
That only Opposition-ruled States have faced prolonged delays, as pointed out by Kerala’s counsel, suggests the constitutional framework itself is not ambiguous but that its application has become selective. The Bench’s examination of why judicial review applies to Governors’ recommendations under Article 356 (President’s Rule) but supposedly not to actions under Article 200 (assent to Bills) highlighted potential inconsistencies in arguments defending unlimited discretion for Governors. The proceedings related to the questions posed in the Presidential Reference demonstrate why the April judgment’s framework remains constitutionally sound and necessary to maintain the balance between federal cooperation and State autonomy. The question from these hearings is on why the Centre chose this unusual route. As scholars have established, an advisory opinion by the Court under Article 143 does not override a binding judgment under Article 141. If the Centre genuinely sought clarity on the April judgment, well-established judicial procedures such as review petitions or curative petitions were available. When the Court’s final reply to the Reference is received, the Centre should accept the constitutional boundaries that the April judgment and these proceedings have reinforced, rather than continuing to pursue powers that would alter the delicate federal balance that the Constitution has established.