002- Apr 14, 2025
⚖️ PRESIDENTIAL ACCOUNTABILITY REDEFINED: Supreme Court Upholds Justification on Assent Decisions
Theme & Tags:
📜 Constitutional Morality, Separation of Powers, Judicial Review, Article 143
📘 Category: Polity & Governance | GS Paper 2
🕊️ Opening Whisper
In democracy’s deepest court, silence too must speak—and reason must stand before the people.
📌 Key Highlights
- What Happened?
- Supreme Court ruled that the President must give cogent reasons when withholding assent to a bill
- Interpretation emerged through a Presidential reference under Article 143
- Reinforces accountability & limited government
📖 Understanding Article 143
| Feature | Description |
|---|---|
| Type of Article | Discretionary power of the President |
| Purpose | Seek the Supreme Court’s opinion on constitutional/legal questions |
| Nature of Advice | Not binding, but must be judiciously considered |
📝 Cogent Reasons – A New Constitutional Norm
- If assent is denied, clear written reasons must be provided
- Transparency and Justification become binding expectations
- Prevents arbitrary executive action
- Aligns with the doctrine of limited government under the Constitution
⚖️ Implications for Judicial Review
- The Court emphasized that reasons provided can be judicially reviewed
- Adds constitutional check over Presidential and Governor decisions
- Ensures the Supreme Court’s advisory role isn’t bypassed casually
⏰ Timelines for Assent
| Office | Directive |
|---|---|
| Governor | Must act within a reasonable time on state bills |
| President | Cannot delay assent indefinitely once advised |
🧭 Role of Governor & President
- Governor must reserve bills only when constitutionality is in doubt
- President’s duty is not to rubber-stamp but ensure constitutional compliance
- Court: President becomes a constitutional soothsayer, not a passive signatory
🧱 Limited Government Doctrine
- Every branch of government must operate within defined limits
- No arbitrary discretion—every act must trace itself to constitutional logic
- This ruling reinforces accountability between the three pillars of democracy
🧭
When Silence Is Not an Option – The Court Commands a Voice
“Even silence must sign its name—in a republic bound by reason.”
📚 GS Mains Mapping
- GS Paper 2
- Separation of Powers
- Role of President and Governor
- Constitutional Morality & Accountability
- Judicial Review & Article 143
📜 A Thought Spark — by IAS Monk
The strength of a Constitution lies not in silence, but in the insistence that power speak only with reason.
🕯️ Closing Whisper
A pen withheld is not the end—but a question. And in this democracy, every question deserves an answer.
