The Supreme Court, on September 3, 2025 presided over by Chief Justice D.Y. Chandrachud, Justice B.R. Gavai, Justice J.B. Pardiwala, Justice P.S. Narasimha, and Justice Sanjay Karol, entered its seventh day of hearing the Presidential reference arising from the Tamil Nadu impasse, where the Governor kept several bills pending without granting assent under Article 200. The State argued that such inaction undermined governance and violated the constitutional scheme. The Court is considering whether the Governor’s discretion under Article 163, particularly in relation to Article 200, can be judicially controlled.
Senior Advocate Kapil Sibal, appearing for the State of West Bengal, contended that assent represents the will of the people and must follow without delay, as Article 200 requires action “as soon as possible.” He argued that Governors cannot test constitutionality or legislative competence, as such scrutiny lies with the courts. Allowing Governors wide discretion, he said, would create deadlocks, weaken State legislatures, and subject democratic will to executive whims.
Senior Advocate Gopal Subramaniam, appearing for the State of Himachal Pradesh, based his submissions on two principles: the constitutional principle of the democratic form of cabinet system and the doctrine of collective responsibility towards the legislature. He stressed that the cabinet form of government makes Governors and Presidents mere titular heads bound by aid and advice. Senior Advocate Anand Sharma, appearing for the State of Karnataka, highlighted that the doctrine of separation of powers and federalism are part of the Constitution’s basic structure, and that any discretion to Governors in withholding assent was explicitly rejected by the Constituent Assembly. He also drew the Court’s attention to Article 85 to argue that even when the President summons both Houses for their first sitting, his address is given strictly on the aid and advice of the Union Cabinet and not in his personal capacity. Both argued that withholding assent undermines legislative supremacy, State autonomy, and the balance of the federal structure. The Court will continue hearings on 9th September 2025
Appearances :
SG Tushar Mehta (for the Union/President)
Senior Advocate Kapil Sibal for the State of West Bengal
Senior Advocate Gopal Subramaniam, for the State of Himachal Pradesh,
Senior Advocate Anand Sharma, for the State of Karnataka