In re: Assent, Withholding or Reservation of Bills by the Governor and the President of India, 2025 INSC 1333, is a presidential reference heard by the Supreme Court of India regarding the Court's authority to impose deadlines for the Governor and President under Articles 200 and 201 of the Constitution.

The matter arose out of the powers of the President of India, under Article 143 of the Constitution, to seek Supreme Court’s advisory jurisdiction on questions of law or fact. The president referred a total of 14 questions, challenging the Court's earlier verdict in State of Tamil Nadu v. Governor of Tamil Nadu, which ruled that the Governor of a state cannot exercise an absolute veto or a pocket veto over legislation duly passed by the State Legislatures.

The case was heard by a five-judge constitution bench of the Court led by Chief Justice of India B. R. Gavai. The court heard the matter for ten days and reserved its judgement on 11 September 2025.

List of questions

Proceedings The Presidential Reference was opposed by several opposition parties arguing that it was a "an appeal, or review in disguise [...] and attempt to disturb the findings, and nullify the effect of the judgment already rendered" by the Court in State of Tamil Nadu v. Governor of Tamil Nadu.

Judgment On 20 November 2025, the Court provided its opinion for the 14 referred questions. Critically, the judges opined that courts cannot prescribe or impose a timeline for the grant of assent ("deemed assent") by the Government or the President, but at the same time, governors do not have the power to indefinitely delay bills passed by state assemblies.

In the opinion, Chief Justice of India B. R. Gavai noted "Articles 200 and 201 of the [Indian] Constitution are framed to allow elasticity. The imposition of a timeline is strictly contrary to the Constitution... The concept of deemed assent is against the spirit of the Constitution and the doctrine of separation of powers."

The 111-page opinion, which is not binding, did not have a sole author and was rendered as an "Opinion of the Court." Questions 12 and 14 were returned unaswered.

See also

State of Tamil Nadu v. Governor of Tamil Nadu List of presidential references

References

Sources