प्रेसिडेंशियल रेफरेंस क्या है | राज्यपाल के वीटो शक्ति पर सुप्रीम कोर्ट का निर्णय | Article -143

प्रेसिडेंशियल रेफरेंस क्या है | राज्यपाल के वीटो शक्ति पर सुप्रीम कोर्ट का निर्णय | Article -143
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#quickias
#presidentialreference
#president
#presidentofindia
#vetopowerofgovernor
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A governor does not have an absolute veto power in India; instead, the term "veto power" is inaccurate. A governor can withhold assent to a bill and must either send it back to the state legislature for reconsideration with a message or reserve it for the President's consideration. The Supreme Court has established that governors must act as soon as possible and that prolonged delays are not permissible.
Governor's options with a bill
Send the bill back for reconsideration: The governor can return the bill to the state legislature with a message, asking them to reconsider it. The legislature can then pass the bill again, even if the governor does not agree with the changes.
Reserve the bill for the President's consideration: The governor can reserve the bill for the President's consideration in certain circumstances. This includes when the bill is against the provisions of the Constitution, or if it is against the powers of the High Court. The President can then decide to grant or withhold assent to the bill.
Withhold assent: The governor can also withhold assent to a bill but is not permitted to do so without taking further action, such as sending it back to the legislature or reserving it for the President.
Key limitations and Supreme Court rulings
No absolute veto: The governor cannot exercise an absolute veto, which would allow them to reject a bill outright without any further action or recourse.
Time limits: The Supreme Court has established timelines for the governor to act on bills. If a bill is sent back for reconsideration with the aid and advice of the Council of Ministers, it must be sent back within a month.
Judicial review: A governor's inaction on a bill can be subject to judicial review, which means a court can review the governor's actions or inactions to ensure they are within the bounds of the constitution.
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.What is a Presidential reference? | Explained
What does Article 143 of the Constitution state? Do other nations also have provisions wherein the government can raise legal questions with their respective judiciaries? What has President Droupadi Murmu raised with the Supreme Court? Should the top court answer these questions compulsorily?
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.What is the historical context?
The advisory jurisdiction of the Supreme Court under Article 143 is a relic of the Government of India Act, 1935. It vested the Governor-General with discretionary power to refer any question of law of public importance to the federal court for its opinion.

A similar provision is available in the Canadian constitution. This mechanism allows the Supreme Court of Canada to offer opinions on legal questions referred to it by the federal or provincial governments. The U.S. Supreme Court on the other hand has consistently declined to provide any advisory opinion to the executive as it would violate the strict separation of powers envisaged in its constitution.
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