Supreme Court – Daily Orders
In Re : Assent, Withholding Or … vs Respondent(S) on 22 July, 2025
Bench: Surya Kant, Vikram Nath, Pamidighantam Sri Narasimha
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ITEM NO.301 COURT NO.1 SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Reference Case No(s). 1/2025
IN RE : ASSENT, WITHHOLDING OR
RESERVATION OF BILLS BY THE GOVERNOR
AND THE PRESIDENT OF INDIA Petitioner(s)
VERSUS
Respondent(s)
FOR ADMISSION
(By Courts Motion)
Date : 22-07-2025 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE VIKRAM NATH
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON'BLE MR. JUSTICE ATUL S. CHANDURKAR
For Petitioner(s) :
For Respondent(s) :
Mr. R. Venkatramani, A.G.
Mr. Tushar Mehta, S.G.
Mr. Kartikay Aggrawal, Adv.
Mr. Abhishek Kumar Pandey, Adv.
Mr. Chitvan Singhal, Adv.
Mr. Raman Yadav, Adv.
Ms. Ameyavikrama Tanvi, Adv.
Ms. Oorijaswi Goswami, Adv.
Ms. Yamika Khanna, Adv.
Ms. Deboshree Mukherjee, Adv.
Mr. Mukes Kumar, Adv.
Mr. M.K. Maroria, AOR
Signature Not Verified
Mr. Kapil Sibal, Sr. Adv.
Digitally signed by
DEEPAK SINGH
Date: 2025.07.22
17:20:21 IST
Reason: Mr. Debanjan Mandal, Adv.
Mr. Kunal Mimani, AOR
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Ms. Shraddha Chirania, Adv.
Ms. Mahima Cholera, Adv.
Mr. K.K. Venugopal, Sr. Adv.
Mr. P.V. Surendranath, Sr. Adv.
Mr. C.K. Sasi, AOR
Ms. Meena K. Poulsoe, Adv.
Mr. Gopal Subramanium, Sr. Adv.
Mr. Shashikaran Shetti, A.G.
Mr. Muhammad Ali Khan, AAG
Mr. Avishkar Singhvi AAG
Mr. Aman Panwar, AAG
Mr. Nishant Patil, AAG
Mr. Jayanti Singh, Adv.
Mr. Prateekchadha, AAG
Mr. Mohammad Ali Khan, AAG
Mr. Naveen Sharma, AOR
Ms. Swati Bhushan Sharma, Adv.
Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Rakesh Dwivedi, Sr. Adv.
Mr. P. Wilson, Sr. Adv.
Mr. T. Harish Kumar, AOR
Mr. Keshav, Adv.
Mr. Sabir, Adv.
Mr. Lokesh Krishna, Adv.
Mr. Eklavya Dwivedi, Adv.
Mr. Raktim Gogoi, Adv.
Mr. Kartikey Singh, Adv.
Mr. Apoorva Malhotra, Adv.
Mr. Shivam Sharma, Adv.
Mr. S. Vinod, Adv.
Mr. Shubham Kothari, Adv.
Mr. Deepak Jain, Adv.
Mr. Shubham P. Chopra, Adv.
Mr. Bharathi Subramanian, Adv.
Mr. Shadan Farasat, Sr. Adv.
Ms. Nupur Kumar, AOR
Mr. Harshit Anand, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. This reference has been made by the Hon’ble President
of India, seeking the opinion of this Court on the
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following questions involving interpretation of the
Constitution:
1. What are the constitutional options before a
Governor when a Bill is presented to him under
Article 200 of the Constitution of India?
2. Is the Governor bound by the aid & advice
tendered by the Council of Ministers while
exercising all the options available with him when
a Bill is presented before him under Article 200 of
the Constitution of India?
3. Is the exercise of constitutional discretion
by the Governor under Article 200 of the
Constitution of India justiciable?
4. Is Article 361 of the Constitution of India an
absolute bar to the judicial review in relation to
the actions of a Governor under Article 200 of the
Constitution of India?
5. In the absence of a constitutionally
prescribed time limit, and the manner of exercise
of powers by the Governor, can timelines be imposed
and the manner of exercise be prescribed through
judicial orders for the exercise of all powers
under Article 200 of the Constitution of India by
the Governor?
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6. Is the exercise of constitutional discretion
by the President under Article 201 of the
Constitution of India justiciable?
7. In the absence of a constitutionally
prescribed timeline and the manner of exercise of
powers by the President, can timelines be imposed
and the manner of exercise be prescribed through
judicial orders for the exercise of discretion by
the President Under Article 201 of the Constitution
of India?
8. In light of the constitutional scheme
governing the powers of the President, is the
President required to seek advice of the Supreme
Court by way of a reference under Article 143 of
the Constitution of India and take the opinion of
the Supreme Court when the Governor reserves a Bill
for the President’s assent or Otherwise?
9. Are the decisions of the Governor and the
President under Article 200 and Article 201 of the
Constitution of India, respectively, justiciable at
a stage anterior into the law coming into force? Is
it permissible for the Courts to undertake judicial
adjudication over the contents of a Bill, in any
manner, before it becomes law?
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10. Can the exercise of constitutional powers and
the orders of/by the President/Governor be
substituted in any manner under Article 142 of the
Constitution of India?
11. Is a law made by the State legislature a law
in force without the assent of the Governor granted
under Article 200 of the Constitution of India?
12. In view of the proviso to Article 145(3) of the
Constitution of India, is it not mandatory for any
bench of this Hon’ble Court to first decide as to
whether the question involved in the proceedings
before it is of such a nature which involves
substantial questions of law as to the
interpretation of constitution and to refer it to a
bench of minimum five Judges?
13. Do the powers of the Supreme Court under
Article 142 of the Constitution of India limited to
matters of procedural law or Article 142 of the
Constitution of India extends to issuing
directions/passing orders which are contrary to or
inconsistent with existing substantive or
procedural provisions of the Constitution or law in
force?
14. Does the Constitution bar any other
6jurisdiction of the Supreme Court to resolve
disputes between the Union Government and the State
Governments except by way of a suit under Article
131 of the Constitution of India?
2. We have requested Mr. R. Venkataramani, learned
Attorney General for India, to assist the Court and he has
graciously accepted.
3. Issue notice to the Union of India as well as all
State Governments/Union Territories, returnable on
29.07.2025.
4. Mr. Tushar Mehta, learned Solicitor General of India
assisted by Mr. M.K. Maroria, learned Advocate-on-Record
waives notice on behalf of the Union of India.
5. All the State Governments/Union Territories shall be
served through email to their respective Chief
Secretaries/Administrator.
6. In addition, notice shall also be served on all
Standing Counsel representing the State Governments/Union
Territories.
(DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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