The Central Government has submitted a detailed affidavit defending the autonomy and plenary nature of the role of the President and Governors. The matter will be heard by a five-judge Constitution Bench headed by Chief Justice of India BR Gavai on Tuesday.
A day ahead of a crucial Supreme Court hearing on the Presidential reference concerning the powers of Governors and the President in granting assent to state legislation, the Central Government has submitted a detailed affidavit defending the autonomy and plenary nature of these constitutional roles.
The matter will be heard by a five-judge Constitution Bench headed by Chief Justice of India BR Gavai on Tuesday. The bench, which includes Justices Surya Kant, Vikram Nath, PS Narasimha, and AS Chandurkar, will consider 14 constitutional questions referred by the President under Article 143. These questions stem from an earlier Supreme Court ruling in April related to delays by the Tamil Nadu Governor in acting on state bills.
In its written submission to the court, filed through Solicitor General Tushar Mehta, the Union Government argues that any attempt by the judiciary to impose timelines on constitutional authorities such as the Governor and the President would “disturb the delicate separation of powers” and trigger “constitutional chaos.”
The Centre emphasised that:
- The Indian Constitution recognises co-equality of the legislature, executive, and judiciary, maintained through a system of checks and balances.
- Articles 200 and 201, which govern the powers of Governors with respect to bills, do not prescribe any time limits, a deliberate choice by the Constitution’s framers.
- The Governor’s power under Article 200 is plenary and beyond judicial review.
- Courts cannot use Article 142 to override explicit constitutional provisions or alter the structure created by the Constitution.
The affidavit firmly states that any such judicial intervention would result in one organ “usurping powers not vested in it,” going beyond its jurisdiction.
