Syllabus: Structure, organization and functioning of the Executive and the Judiciary
| President’s Question | Supreme Court’s Response |
| 1. What options does a Governor have under Article 200? | Governor may assent, withhold and return the Bill (if not a Money Bill), or reserve it for the President. |
| 2. Is the Governor bound by the Council of Ministers’ advice under Article 200? | Governor has discretion and is not strictly bound by ministerial advice while acting under Article 200. |
| 3. Is the Governor’s exercise of discretion under Article 200 justiciable? | Governor’s decision is not justiciable. However, prolonged and unexplained inaction allows the Court to issue a limited mandamus directing a decision within reasonable time. |
| 4. Does Article 361 bar judicial review of Governor’s actions? | Yes. Article 361 provides absolute immunity from being personally subjected to court proceedings. |
| 5. Can courts impose timelines under Article 200? | No. Constitution prescribes no timelines, so courts cannot impose uniform deadlines. |
| 6. Is the President’s discretion under Article 201 justiciable? | Same as Governor. President’s decision is not justiciable. |
| 7. Can the President be bound to timelines under Article 201? | No. Courts cannot impose timelines on the President. |
| 8. Must the President seek Supreme Court advice whenever a Bill is reserved? | No. Seeking advice is not mandatory; President’s own satisfaction is enough. |
| 9. Are decisions under Articles 200 and 201 justiciable before a Bill becomes law? | No. Courts cannot examine decisions before the Bill becomes law nor adjudicate on a Bill’s contents pre-enactment. |
| 10. Can the President/Governor’s actions be substituted using Article 142 (including deemed assent)? | No. Article 142 cannot substitute constitutional powers of President/Governor; deemed assent is impermissible. |
| 11. Can a State law come into force without the Governor’s assent under Article 200? | No. A Bill does not become law without Governor’s assent. |
| 12. Is it mandatory for any Bench to refer substantial legal questions to a 5-judge Bench under Article 145(3)? | Unanswered. Considered irrelevant to this Reference. |
| 13. Are the powers under Article 142 limited only to procedural law? | Cannot be answered definitively; scope of Article 142 was already covered earlier. |
| 14. Can Centre–State disputes be resolved by the Supreme Court only via Article 131? | Unanswered as not relevant to the “functional” nature of this Reference. |