Governor and President’s Powers | Arguments Matrix

Today, a five-judge Constitution Bench reserved Judgement in the Presidential Reference concerning the powers of Governors and the President to grant assent under Articles 200 and 201. President Droupadi Murmu had invoked the Court’s advisory opinion and referred 14 questions after the Tamil Nadu Governor Judgement. The questions sought clarity on the scope of gubernatorial discretion, timelines for granting assent, judicial reviewability of such actions and related constitutional provisions. Notably, the Tamil Nadu Governor Judgement had addressed some of the issues raised by the President. 

The Reference drew submissions from multiple states. Kerala, Tamil Nadu, West Bengal, Karnataka, Himachal Pradesh and Punjab opposed the Reference, arguing that the Governor cannot have arbitrary discretion over Bills passed by state legislatures 

States including Madhya Pradesh, Maharashtra, Rajasthan, Orissa, Goa, Chhattisgarh, supported the Reference, contending that the Governor’s discretion must be preserved to safeguard constitutional functions in exceptional circumstances. The Union argued in favour of wider discretion for the Governors, to the extent that Bills can be withheld without an explanation to the legislature. 

In this matrix, we’ve summarised the key points of contention. For more nuance regarding each argument, do go through our detailed hearing reports.