Context:
- The article analyses the Supreme Court’s recent decision on the 16th Presidential reference concerning the powers of the President and Governors in relation to State legislatures.
- It raises concerns about the growing tension between the Union and States, especially regarding legislative assent, delays, and federal functioning.
Key Highlights
 Constitutional Federal Structure
- India follows a model where Union and States are equal constitutional partners.
- States are not subordinate agencies, but elected bodies representing democratic will.
 Role of Governors and President
- Governors cannot override the mandate of democratically elected State Governments.
- Article 200: Governor must act in conformity with constitutional principles when returning or withholding assent.
- SC observed delays and misuse of discretionary power.
 Tamil Nadu Case Significance
- A two-judge SC bench asked the President to seek the Governor’s opinion on pending bills.
- This raised debate whether the President’s role should expand into States’ legislative processes.
Relevant Prelims Points
- Article 74(1): President acts on aid and advice of Council of Ministers.
- Article 163: Governor may act independently only where Constitution explicitly permits.
- Article 200: Options before Governor — assent, withhold, return (except money bills).
- Basic Structure Doctrine: Federalism is part of it (Kesavananda Bharati case).
- Important Cases:
- SR Bommai (1994) – Strengthened cooperative federalism.
- Nabam Rebia (2016) – Governor cannot interfere in legislative functioning.
Relevant Mains Points
Federalism Challenges Highlighted
- Delays in Bill assent disrupt governance.
- Unilateral decisions by Governors threaten democratic accountability.
- Union increasingly using financial leverage, GST sharing delays, and centrally controlled schemes to influence State autonomy.
Role of Judiciary
- Judicial scrutiny essential when constitutional functionaries exceed authority.
- SC emphasised that constitutional morality, reasonableness, and accountability must guide federal functioning.
Concerns Listed in Article
- Centre withholding assent to bills (e.g., GST compensation delays).
- Freezes on devolutions affecting welfare schemes for poor, women, elderly.
- Use of institutions like ED/CBI/Income Tax increasing Centre-State distrust.
Way Forward
- Strengthen mechanisms for time-bound gubernatorial decisions.
- Establish clear constitutional conventions and reduce discretionary ambiguity.
- Promote cooperative federalism through the Inter-State Council, Finance Commission reforms, and institutional transparency.
- Need for political neutrality in functioning of Governors and President.
UPSC Relevance (GS-wise):
| Section | Relevance |
| GS-II (Polity & Governance) | Federalism, Governor’s role, President’s powers, Basic structure doctrine |
| GS-II (Constitution) | Articles 74, 163, 200, judicial review, centre-state relations |
| GS-II (Governance) | Accountability of constitutional authorities, cooperative vs competitive federalism |
| Essay & Ethics | Constitutional morality, democratic values, separation of powers |