SC: Courts Cannot Fetter President, Governor | Fourteen Questions and Court's Responses | India’s Fisheries, Aquaculture on Promising Path| Court Safeguards Constitutional Architecture | Gen Z Has Power But Need Patience | SC Step Back,Restore Legal Balance | MBS Gets DC Welcome, Will Seek More
SC: COURTS CANNOT FETTER PRESIDENT, GOVERNOR
KEY HIGHLIGHTS
- A five-judge Constitution Bench answered the 16th Presidential Reference under Article 143.
- Triggered by the April 2025 Supreme Court ruling that fixed a three-month time limit for Governors/President to act on State Bills.
- The Union Government sought clarity due to constitutional silence and increasing federal tensions, especially involving Tamil Nadu & Kerala Governors.
- The Court examined whether judiciary can:
- Impose uniform timelines on Governors/President.
- Assume “deemed assent” after expiry of such timelines.
- Intervene in prolonged inaction.
Key Points
- Judiciary cannot impose a one-size-fits-all timeline on Governors/President for disposing of Bills.
- Courts cannot presume “deemed assent” if timelines lapse.
- However, Governors/President cannot sit indefinitely; prolonged, unexplained inaction violates constitutional propriety.
- Article 200: Governor has three options:
- Grant assent
- Reserve the Bill for President
- Withhold assent & return Bill (except Money Bills)
- Governor must return the Bill with reasons if withholding; cannot stall silently.
- Courts can issue a “limited mandamus” directing decision within a reasonable period, but:
- Cannot review merits of the decision.
- Cannot summon or prosecute Governors (Article 361 immunity).
- Courts cannot examine merits of the Bill itself.
Static Linkages
- Article 143 – Advisory jurisdiction of the Supreme Court.
- Article 200 – Governor’s assent to Bills; options and limitations.
- Article 201 – President’s powers regarding State Bills.
- Article 361 – Immunity of President/Governor.
- Basic Structure Doctrine – Separation of powers; federalism.
- Parliamentary System Principle – Ceremonial heads act on aid & advice except in limited discretion.
- Sarkaria Commission & Punchhi Commission – Recommended clearer procedures for Governor’s assent.
- Constitutional Morality – Duty of constitutional offices to avoid arbitrariness.
- Judicial Review – Review of procedural lapses, not merits of legislative policy.
Critical Analysis
- Pros
- Reinforces separation of powers.
- Prevents misuse of judicial timelines.
- Curbs arbitrary inaction by Governors.
- Cons
- No fixed timeline may allow political delay.
- “Reasonable time” remains vague.
- Limited judicial intervention may weaken State autonomy.
- Stakeholders
- States: Want time-bound assent.
- Union: Supports Governor discretion.
- Judiciary: Balances intervention and restraint.
Way Forward
- Establish conventions on “reasonable time.” Implement Punchhi Commission reforms.
- Mandate written reasons for withholding assent.
- Strengthen cooperative federalism and procedural clarity.
FOURTEEN QUESTIONS AND COURT’S RESPONSES
KEY HIGHLIGHTS
- Governor’s Options under Article 200
- Assent to the Bill.
- Withhold assent and return (non-Money Bills) with comments.
- Reserve the Bill for President’s consideration.
- Is Governor Bound by Aid & Advice?
- Not bound by Council of Ministers’ aid and advice under Article 200.
- Enjoys constitutional discretion.
- Justiciability of Governor’s Decisions
- Governor’s functions under Article 200 are not justiciable.
- Exception: In cases of indefinite, unreasonable delay, courts may issue mandamus to decide within a reasonable time — but cannot direct outcome.
- Article 361 — Immunity
- Article 361 provides an absolute bar on judicial proceedings against the Governor.
- But acts may be subject to limited judicial scrutiny when there is inaction.
- Can Courts Impose Timelines on Governors/President?
- No. Constitution is silent; courts cannot prescribe timelines.
- Only remedy: mandamus to “decide”, not dictate speed or result.
- Justiciability of President’s Assent (Article 201)
- President’s exercise of power under Article 201 is not justiciable, same reasoning as Governor.
- Timelines for President under Article 201
- No judicially imposed timelines possible.
- Is SC’s Advice Mandatory When Governor Reserves a Bill?
- No. President’s subjective satisfaction is sufficient.
- Judicial Review Before Law Comes into Force
- Governor/President’s decisions under Articles 200 & 201 are not justiciable before the Bill becomes law.
- Courts cannot examine the content of a Bill before it becomes an Act.
- Can SC Substitute Governor’s/President’s Powers using Article 142?
- No.
- Article 142 cannot override or substitute constitutional roles.
- No “deemed assent” can be created under Article 142.
- Is a State Law Effective Without Governor’s Assent?
- No.
- A Bill must receive assent under Article 200 to become law.
- Article 145(3) — Mandatory Reference to 5-Judge Bench?
- Returned unanswered; irrelevant to the reference.
- Scope of Article 142 (Clarification)
- Not definitively answered.
- Court reiterated limits: cannot replace constitutional functions.
- Can SC Resolve Centre–State Disputes Only Under Article 131?
- Returned unanswered; irrelevant to the functional reference.
INDIA’S FISHERIES, AQUACULTURE ON PROMISING PATH
KEY HIGHLIGHTS
- World Fisheries Day 2025: FAO supports India’s theme — “India’s Blue Transformation: Strengthening Value Addition in Seafood Exports.”
- India is the 2nd-largest aquaculture producer with fast-growing fish production.
- FAO stresses sustainability, traceability, value addition, and climate resilience.
Key Points
- SOFIA 2024: Global aquaculture 130.9 MT, capture 92.3 MT; India: 10.23 MT.
- India’s output rose from 2.44 MT (1980s) to 17.54 MT (2022–23).
- Growth drivers:
- PMMSY, Blue Revolution
- ICAR institutes, MPEDA, NFDB
- Coastal Aquaculture Authority regulation Private sector investments across value chains
- FAO-supported initiatives:
- BOBP (small-scale fisheries, safety, post- harvest)
- BOBLME (EAFM, IUU control, endangered species)
- GEF Andhra Pradesh Project for sustainable aquaculture
- TCP port strengthening for Vanakbara & Jakhau
- Challenges: Overfishing, pollution, weak traceability, climate risks, small-scale fisher vulnerabilities.
Static Linkages
- India’s coastline: 7,516 km.
- Fisheries: State subject, but deep- sea & exports under Union.
- Fisheries boost allied sector GDP. Linked to Blue Economy, SDG 14,
- MSY principles.
- Coastal communities recognized under FRA in some areas.
Critical Analysis
- Strengths
- Supports 28 million livelihoods.
- PMMSY improves modernisation, credit, safety.
- Aquaculture boosts nutrition and rural incomes.
- FAO brings global standards on sustainability.
- Concerns
- Overfishing, ecosystem stress, bycatch.
- Pollution + climate change affecting fish stocks.
- Weak traceability → export rejections.
- Small-scale fishers lack finance & cold chain access.
- Stakeholder Perspectives
- Fishers: Demand safety, fair prices, infrastructure.
- Government: Focus on exports, sustainability.
- Environmentalists: Call for ecosystem-based limits.
- Industry: Needs certification & quality assurance.
Way Forward
- Science-based quotas, gear regulation, seasonal bans.
- Co-managed MCS to curb IUU fishing. Digital traceability (QR, blockchain).
- Climate-resilient aquaculture models.
- Modernised ports with hygiene & waste systems.
- Strengthened cold chain + targeted credit & insurance.
COURT SAFEGHUARDS CONSTITUTIONAL ARCHITECTURE
KEY HIGHLIGHTS
Context of the News
- A Constitution Bench gave its opinion on the 16th Presidential Reference about whether courts can impose timelines on Governors/President regarding State Bills.
- The ruling comes amid growing disputes over delays in assent to Bills by Governors.
- Court clarified constitutional boundaries, rejected “deemed assent,” and reaffirmed federal balance.
Key Points
- Judiciary cannot prescribe fixed timelines for Governors/President for legislative assent.
- “Deemed assent” unconstitutional; Constitution does not allow automatic approval.
- Courts may act only against unexplained, indefinite delays causing constitutional paralysis.
- Governor’s three options (Art. 200): assent, return for reconsideration, reserve for President.
- President’s authority (Arts. 111 & 201) independent; courts cannot impose deadlines.
- President not bound to seek advisory opinion under Article 143 for each reserved Bill.
- Courts cannot create new procedures to fill constitutional silences.
- Substantive decisions of the President/Governor remain non-justiciable, except for mala fide delays.
Static Linkages
- Articles 111, 143, 200, 201—legislative process & assent.
- Separation of Powers, Judicial Review, Constitutionalism.
- Federal structure with unitary tilt.
- Role of constitutional functionaries—President & Governor.
Critical Analysis
- Pros
- Protects constitutional design and avoids judicial overreach.
- Preserves executive autonomy in assent decisions.
- Strengthens federal balance and institutional boundaries.
- Cons
- Absence of timelines may enable political misuse.
- States face delays in policy implementation.
- Transparency in assent decisions remains low.
- Stakeholders
- States: want predictable timelines.
- Union: supports Governor’s discretionary space.
- Judiciary: avoids overstepping but ensures no constitutional paralysis.
Way Forward
- Create guiding conventions on reasonable timelines.
- Strengthen inter-governmental coordination and transparency.
- Require periodic reporting on pending Bills.
- Promote cooperative federalism through consultative mechanisms.
GEN Z HAS POWER BUT NEED PATIENCE
KEY HIGHLIGHTS
Context of the News
- Mexico’s recent protests reflect a wider global pattern of Gen Z–driven mobilisations against corruption, inequality, unemployment, and democratic decline.
- Similar youth uprisings have occurred in Nepal, Indonesia, Bangladesh, Myanmar, and Sri Lanka.
- Movements are heavily influenced by social media, enabling shared slogans, strategies, and political vocabulary across borders.
- Yet, like the Arab Spring, many leaderless movements struggle to translate street energy into long-term reform.
Key Points
- Gen Z is asserting political agency worldwide through fast, decentralised mobilisation.
- Digital platforms create a transnational protest culture, accelerating idea diffusion.
- Weak organisational structures often lead to post-protest marginalisation of youth groups.
- Governments deploy surveillance, shutdowns, and misinformation to neutralise movements.
- Sri Lanka’s 2022 movement is a rare success where protest energy linked with civil society and institutions.
Static Linkages
- Civil society’s role in democracies (NCERT).
- Principles of constitutionalism, accountability, rule of law.
- Collective action and social movement theory. Youth empowerment frameworks (National Youth Policy).
- Technology’s dual role—mobilisation and digital repression.
Critical Analysis
- Strengths
- Rapid mobilisation, creative messaging, cross- border solidarity.
- Pushes governments towards accountability and reform.
- Challenges
- Lack of leadership → weak negotiation capacity. Digital repression by states.
- Institutional vacuum after regime collapse. Risk of co-option or fragmentation.
- Stakeholders
- Youth: demand transparency, jobs, democratic rights.
- States: view protests as destabilising. Civil society: crucial mediator.
Way Forward
- Create formal avenues for youth participation.
- Build leadership and organisational structures.
- Strengthen digital rights and civic education.
- Encourage alliances with civil society and institutions.
- Address root issues—corruption, unemployment, political exclusion.
SC STEP BACK, RESTORE LEGAL BALANCE
KEY HIGHLIGHTS
Context of the News
- Supreme Court (SC) revisited its earlier ruling that prescribed time-lines for Governors/President to act on Bills.
- A Constitution Bench led by CJI B.R. Gavai held that the judiciary cannot impose rigid deadlines or assume executive functions.
- The SC, however, allowed intervention in cases of “prolonged, unexplained and indefinite delays” in granting assent.
- The President earlier referred 14 questions to the SC seeking clarity after concerns over “obstructionist” roles of some Raj Bhavans.
Key Points
- Court rolls back the mandatory time-line earlier fixed for Governors/President.
- Reaffirms separation of powers as part of the basic structure.
- Judicial review is valid but cannot “meddle in legislative procedure.”
- Acknowledges misuse of assent power to stall Bills in Opposition-ruled States.
- Reiterates constitutional options under Article 200:
- Assent,
- Withhold,
- Return for reconsideration,
- Reserve for President.
Critical Analysis
- Pros
- Restores constitutional balance between executive and judiciary.
- Prevents judicial overreach while retaining space to check abuse of delay.
- Ensures democratic law-making is not arbitrarily blocked.
- Strengthens cooperative federalism.
- Cons / Challenges
- Persistent ambiguity on what qualifies as “prolonged and unexplained delay.”
- Governors’ discretionary power remains susceptible to political misuse.
- No statutory time-line leaves States without predictable timelines for law-making.
- Possibility of future conflict requiring renewed judicial intervention.
- Stakeholder Perspectives
- States: Want clear timelines to prevent obstruction.
- Union Government: Prefers flexibility, avoids judicial encroachment.
- Judiciary: Balancing constitutional morality and institutional boundaries.
- Citizens: Desire for smooth governance and faster law-making.
Way Forward
- Codify processes for assent in a model framework or through an All-India Judicial/Administrative guideline.
- Increase transparency: mandatory public reasons for delay/withholding.
- Create structured Centre–State consultation mechanisms on reserved Bills.
- Sensitise Governors on constitutional morality (as recommended by ARC).
- Strengthen conventions over legal coercion to maintain federal harmony.
MBS GETS DC WELCOME, WILL SEEK MORE
KEY HIGHLIGHTS
- Saudi Crown Prince Mohammed bin Salman (MbS) received a high-profile welcome at the White House, marking a strong revival of US– Saudi ties.
- Comes seven years after the Khashoggi murder fallout, when Biden had vowed to make Saudi Arabia a “pariah”.
- The U.S. designated Saudi Arabia as a Major Non-NATO Ally (MNNA) and approved the F-35 sale, overruling Israeli and internal objections.
- U.S. seeks Saudi entry into the Abraham Accords; Riyadh insists on Palestinian statehood first.
Key Points
- MNNA Status: Faster defence transfers, deeper military cooperation.
- F-35 Access: Breaks Israel’s exclusive regional hold over the platform.
- Geopolitical Calculus: U.S. counters China’s rising influence; Saudi seeks long-term security guarantees.
- Palestinian Question: Major hurdle to Saudi– Israel normalisation.
- Human Rights Lens: U.S. realpolitik despite Khashoggi episode.
Static Linkages
- U.S. Foreign Assistance Act (1961)—defines MNNA status.
- Energy security and India’s West Asia dependency (Economic Survey).
- Strait of Hormuz—global oil chokepoint (NCERT Geography).
- Balance of Power and realism in IR theory (standard texts).
- Abraham Accords (2020)—Middle East diplomatic restructuring.
Critical Analysis
- Pros
- Strengthens US–Saudi security partnership.
- Counters Chinese influence in the Gulf.
- Opens path for broader West Asian stabilisation.
- Cons
- Risks Israel’s QME in the region.
- Human rights concerns sidelined.
- Possible tech leak to China due to Saudi ties. Iran may view moves as escalatory.
Way Forward
- Build safeguards to protect sensitive tech.
- Link normalisation with credible Palestinian progress.
- Encourage inclusive West Asia dialogue.
- Integrate rights accountability into defence cooperation.
- Diversify global energy dependencies.