Supreme Court Begins Hearing on Presidential Reference Led by CJI Gavai

Quick Summary

• A Constitution Bench led by Chief Justice of India (CJI) B.R. Gavai is set to begin hearings on the Presidential Reference case starting August 19, 2025.
• Kerala and Tamil Nadu will first raise objections about the maintainability of the reference, contending that the questions posed are no longer unsettled legal issues.
• The Supreme Court has directed written submissions from both parties (Center and States) to be filed by August 12, 2025.
• Hearings for those supporting the Presidential Reference will occur on August 19,20,21,and 26. Those opposing it will be heard on August 28 and September 2, 3, and 9.
• President Droupadi Murmu invoked Article 143 of the Constitution to seek advice from the Supreme Court regarding unresolved constitutional questions.

Image:
!1200/PTI05142025_000148A.jpg”>Explainer on Presidential Reference

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Indian Opinion Analysis

The upcoming hearings carry significance for India’s constitutional jurisprudence as they hinge under Article 143’s invocation-a provision allowing advisory opinions from the judiciary to resolve critical legal ambiguities. Kerala and Tamil Nadu’s preliminary challenge questioning whether these issues are “res integra” or truly unresolved reflects an effort to establish clarity over what qualifies for a presidential reference under this mechanism.

The structured schedule distinguishes between supporting and opposing sides through designated dates-a judicial method ensuring fairness while managing complex political sensitivities often at play in federal disputes. This development underscores India’s commitment to exploring constitutional mechanisms comprehensively.

Such proceedings can possibly influence inter-governmental relations within India’s federal structure if met with substantive rulings clarifying jurisdictional boundaries or policy interpretations raised in such references.