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21 November 2025

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

Context of the News

  • 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

Context of the News

  • 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

Context of the News

  • 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

Context of the News

  • 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.