Hindi English Translation || Editorial || Closing argument: On the Presidential Reference to the top court

Closing argument: On the Presidential Reference to the top court

The presidential reference seeks to undermine a settled question

The Union government has missed an opportunity to put a lid on the prolonged (लंबा खिंचा हुआ, दीर्घकालीन) controversy over the arbitrary (मनमाना) and the undemocratic use of power by unelected Governors. A Supreme Court judgment on April 8, 2025 clarified the constitutional position over the powers of the Governor and the President in giving assent (स्वीकृति, सहमति) to Bills (A Bill is a draft statute that becomes law after it is passed by both the Houses of Parliament and assented to by the President. All legislative proposals are brought before Parliament in the forms of Bills (or) draft statute/law, proposed legislation, proposal (presented to parliament/congress/council for discussion)) passed by State Assemblies. A Division Bench (a bench of two or three judges is called a division bench) of Justices J.B. Pardiwala and R. Mahadevan held that Tamil Nadu Governor R.N. Ravi’s act of withholding (रोकना, वंचित रखना) 10 State Bills was “illegal” and “erroneous (त्रुटिपूर्ण, गलत)”. The well-reasoned (सुविचारित, तर्कसंगत) judgment had outlined the possible courses of action (कार्यवाई, कार्यप्रणाली) for the Governor and the President once a Bill is before them for their assent, though the Constitution does not specify timelines. The judgment established (स्थापित करना, प्रमाणित करना) long awaited (लंबे समय से प्रतीक्षित) and much required clarity on several questions. Now, the Centre, through a Presidential Reference (राष्ट्रपति संदर्भ), has brought up all these questions again to the Court, seeking (प्रयास करना, कोशिश करना) its ‘opinion’ under Article 143. The power of Governors has been an extremely contentious (controversial, disputable, debatable) question. The heightened (increased, escalated, exacerbated, intensified, deepened, aggravated) brazenness (boldness, arrogance, audacity, shamelessness, discourteousness, immodesty, discourtesy, incivility, lack of decency) of some Governors in recent years has created more bad blood (disharmony, disunity, strife, dispute, dissent, argument) between the Centre and the States, and undermined (कमज़ोर करना, नुकसान पहुँचाना) the mandate (approval, acceptance, endorsement, authority (given by a constituency to someone acting as its representative)) of States to govern. The Court’s judgment took into account multiple judgments, reports of committees (panel, council, commission, body, advisory group) that examined the working of Indian federalism, and Constituent Assembly (the legislature of State government in the Indian system of government with elected representatives by the voters of an electoral districts (constituencies); law-making body or governing body) debates to arrive at a firm conclusion that Governors or the President do not have arbitrary powers to indefinitely (for an unspecified period; for an unlimited or unknown length of time; endlessly, forever, for good, for the time being) hold up a law made by an elected Assembly from coming into force.

Governors are whimsical (random, capricious, arbitrary, subjective, unpredictable, unreasoned, irrational) appointees of the Centre, and the Constitution (body of law; system of rules; regulations, fundamental principles, charter) does not vest them with infinite powers (unlimited authority or control; absolute, boundless, or immeasurable power without any restriction or end), least of all (especially not, particularly not, more than anyone/anything else) to undermine the elected Assembly. The Centre could have used the Court’s judgment to bring a closure to the controversy once and for all (finally, conclusively, decisively, permanently; in a way that resolves something completely). It could have, if it felt necessary, brought constitutional amendments in line with (consistent with, in accordance with, in agreement with, in keeping with, compatible with) the Court’s judgment. Instead, the Centre is raking up questions that are already settled, through a presidential reference. As constitutional scholars (academic, intellectual, learned person, expert) have pointed out, an opinion given by the Court does not override (overrule, cancel, nullify, reverse, repeal, revoke, invalidate, abrogate, annul, abolish) the Court’s judgment. If it was only clarity that the Centre wanted, it could have sought it through a review petition (a petition applied by an aggrieved person to the court to review the order/judgment given by the same court) and other established (accepted, traditional, entrenched, official, conventional, standard, well-known, recognized) procedures. By choosing the unusual path of a Presidential Reference, the Centre is signalling an intent to seek for itself powers to be exercised through Governors, that the makers of the Constitution had not given it. The Court’s judgment provided a sound (valid, reasonable, logical, convincing, credible, plausible, reliable) framework (structure, system, scheme) for a consensus (an idea or opinion that is shared by all the people in a group, agreement, concurrence, general opinion/view, common consent) on the role of the Governor. The Centre should accept that, and if at all (in any way; to any extent. used to emphasize that something happens only to a very small degree) required, convene a meeting of Chief Ministers and political party representatives, to resolve any other residual (remaining, leftover; lingering, lasting, enduring, abiding, persisting) issues.

Courtesy: The Hindu

Important Word List With Meaning

1.Presidential Reference (noun)

Hindi Meaning - राष्ट्रपति संदर्भ
English Meaning - Whenever the government is in doubt about legal issues or matters of great public interest and even disputes involving the states or the states and the union, it takes recourse to a ‘presidential reference’. It means, the matter is refered to the supreme court, which deliberates upon it and sends back its considered opinion to the president.

2.seek (verb)

Hindi Meaning - प्रयास करना, कोशिश करना
English Meaning - try, aim, attempt.

3.undermine (verb)

Hindi Meaning - कमज़ोर करना, नुकसान पहुँचाना
English Meaning - weaken, subvert, sabotage, damage.

4.prolonged (adjective)

Hindi Meaning - लंबा खिंचा हुआ, दीर्घकालीन
English Meaning - lengthy, extended, everlasting, perpetual, protracted, unending, unrelenting.

5.arbitrary (adjective)

Hindi Meaning - मनमाना
English Meaning - random, unreasonable, motiveless, illogical, capricious, personal (whim/choice), erratic/irregular.

6.assent (noun)

Hindi Meaning - स्वीकृति, सहमति
English Meaning - approval, agreement, acceptance, consent, concurrence.

7.legislative assembly (noun)

Hindi Meaning - विधान सभा
English Meaning - Also known as Vidhan Sabha; it is the lower house in the states and union territories of India that have a bicameral legislature. Members of the Legislative Assembly are directly elected by the people through assembly elections. The term of the Legislative Assembly is five years unless dissolved earlier. A member of a Legislative Assembly is referred to as an MLA.

8.constitution Bench (noun)

Hindi Meaning - संविधान पीठ
English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist).

9.withhold (verb)

Hindi Meaning - रोकना, वंचित रखना
English Meaning - stop, check; to refuse to give something; to refrain from giving permission.

10.erroneous (adjective)

Hindi Meaning - त्रुटिपूर्ण, गलत
English Meaning - inexact, incorrect, inaccurate, wrong, untrue, faulty, flawed.

11.well-reasoned (adjective)

Hindi Meaning - सुविचारित, तर्कसंगत
English Meaning - practical, logical, rational, coherent.

12.course of action (noun)

Hindi Meaning - कार्यवाई, कार्यप्रणाली
English Meaning - course, plan (of action), mode of conduct, procedure, approach.

13.The Constitution of India (noun)

Hindi Meaning - भारत का संविधान
English Meaning - India, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950.

14.establish (verb)

Hindi Meaning - स्थापित करना, प्रमाणित करना
English Meaning - indicate, signify, determine, display, exhibit, prove, demonstrate.

15.long awaited (adjective)

Hindi Meaning - लंबे समय से प्रतीक्षित
English Meaning - long-expected, long-anticipated, much-waited.

16.put a lid on (phrase)

English Meaning - stop, end, finish, control, put a stop to, put an end to, destroy (something before it increases or becomes severe/serious).

17.arbitrary (adjective)

English Meaning - whimsical, capricious, arbitrary, random, erratic, unreasonable, irrational, illogical, groundless, unjustifiable, discretionary, personal, subjective.

18.Bill (noun)

English Meaning - A Bill is a draft statute that becomes law after it is passed by both the Houses of Parliament and assented to by the President. All legislative proposals are brought before Parliament in the forms of Bills (or) draft statute/law, proposed legislation, proposal (presented to parliament/congress/council for discussion).

19.Assembly (noun)

English Meaning - the legislature of State government in the Indian system of government with elected representatives by the voters of an electoral districts (constituencies); law-making body or governing body.

20.bench (noun)

English Meaning - a court of law with a number of judges.

21.division Bench (noun)

English Meaning - a bench of two or three judges is called a division bench.

22.held past participle of hold (verb)

English Meaning - (of a court) rule, decide.

23.constitution (noun)

English Meaning - body of law; system of rules; regulations, fundamental principles, charter.

24.bring up (phrasal verb)

English Meaning - present, table, propose, introduce, bring forward, put forward,

25.seek (verb)

English Meaning - ask for, request, appeal for.

26.Article 143 of the Constitution of India (noun)

English Meaning - Article 143 of the Indian Constitution confers advisory jurisdiction upon the Supreme Court of India. This unique provision empowers the President to seek the opinion of the apex court on matters of law or fact that are of public importance, either existing or likely to arise in the future. Under Article 143(1), if the President believes a matter of legal or factual signicance has arisen or may arise, and it is beneficial to obtain the Supreme Court’s opinion, he/she may refer it to the Court. The Court, after hearing the matter, may report its opinion to the President. Article 143(2) goes a step further: in cases of inter-state disputes that fall under the proviso of Article 131, the President shall refer the matter to the Court, and the Supreme Court shall report its opinion after due hearing.

27.contentious (adjective)

English Meaning - controversial, disputable, debatable.

28.heightened (adjective)

English Meaning - increased, escalated, exacerbated, intensified, deepened, aggravated.

29.brazenness (noun)

English Meaning - boldness, arrogance, audacity, shamelessness, discourteousness, immodesty, discourtesy, incivility, lack of decency.

30.bad blood (noun)

English Meaning - disharmony, disunity, strife, dispute, dissent, argument.

31.mandate (noun)

English Meaning - approval, acceptance, endorsement, authority (given by a constituency to someone acting as its representative).

32.take into account (phrase)

English Meaning - consider, bear in mind, take into consideration, remember, keep in mind, factor in.

33.committee (noun)

English Meaning - panel, council, commission, body, advisory group.

34.federalism/federal framework/system (noun)

English Meaning - a system of government in which establishments such as states or provinces share power with a national government.

35.Constituent Assembly (noun)

English Meaning - The Constituent Assembly of India, consisting of indirectly elected representatives, was established to draft a constitution for India. It existed for approx. three years, the first parliament of India after independence in 1947.

36.indefinitely (adverb)

English Meaning - for an unspecified period; for an unlimited or unknown length of time; endlessly, forever, for good, for the time being.

37.hold up (phrasal verb)

English Meaning - delay, stop, put a brake on, obstruct, impede, hinder, stymie.

38.come into force (phrase)

English Meaning - come into effect, start to apply, effective, operative, in action, to become official, legitimate, or valid.

39.whimsical (adjective)

English Meaning - random, capricious, arbitrary, subjective, unpredictable, unreasoned, irrational.

40.appointee (noun)

English Meaning - one who is appointed to a job/position; representative, delegate, office holder.

41.vest with (phrasal verb)

English Meaning - give, grant, confer, entrust (someone with power, authority, rights, etc.)

42.infinite power (noun)

English Meaning - unlimited authority or control; absolute, boundless, or immeasurable power without any restriction or end.

43.least of all (phrase)

English Meaning - especially not, particularly not, more than anyone/anything else.

44.once and for all (phrase)

English Meaning - finally, conclusively, decisively, permanently; in a way that resolves something completely.

45.in line with (phrase)

English Meaning - consistent with, in accordance with, in agreement with, in keeping with, compatible with.

46.rake up (phrasal verb)

English Meaning - revive, bring up, recall, resurrect, recollect, remember, revive/remind the memory of (something unpleasant or embarrassing from the past).

47.scholar (noun)

English Meaning - academic, intellectual, learned person, expert.

48.point out (phrasal verb)

English Meaning - indicate, mention, refer to, draw/call attention to, identify.

49.override (verb)

English Meaning - overrule, cancel, nullify, reverse, repeal, revoke, invalidate, abrogate, annul, abolish.

50.review petition (noun)

English Meaning - a petition applied by an aggrieved person to the court to review the order/judgment given by the same court.

51.mercy petition (noun)

English Meaning - a written petition by the convict to the President to grant pardon or show mercy to the death sentence given by the apex court.

52.curative petition (noun)

English Meaning - a petition by a person whose review petition has been dismissed by the Supreme Court and it is the last constitutional remedy available to that person.

53.writ petition (noun)

English Meaning - an application to a court for a writ (a formal written order) when when any of the fundamental rights are violated.

54.established (adjective)

English Meaning - accepted, traditional, entrenched, official, conventional, standard, well-known, recognized.

55.sound (adjective)

English Meaning - valid, reasonable, logical, convincing, credible, plausible, reliable.

56.framework (noun)

English Meaning - structure, system, scheme.

57.consensus (noun)

English Meaning - an idea or opinion that is shared by all the people in a group, agreement, concurrence, general opinion/view, common consent.

58.if at all (phrase)

English Meaning - in any way; to any extent. used to emphasize that something happens only to a very small degree.

59.residual (adjective)

English Meaning - remaining, leftover; lingering, lasting, enduring, abiding, persisting.