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As per case facts the President of India sought the Supreme Court's advisory opinion on questions regarding the interpretation of the Governor's and President's functions under Articles and of the
...Constitution including the options available the binding nature of the Council of Ministers' advice the imposition of timelines and the justiciability of their actions The context for the reference arose from a state of confusion following prior conflicting judicial pronouncements on these matters The question arose as to what are the constitutional options available to the Governor under Article whether the Governor is bound by the Council of Ministers' advice when exercising those options and whether judicial intervention is permissible for inaction Finally the Supreme Court in its advisory opinion held that the Governor has three options under Article assent reserve the Bill for the President or withhold assent and return the Bill non-Money Bill only with a message for reconsideration starting a dialogic process The Governor is not bound by the Council of Ministers' advice in choosing these options as this discretion is implied and necessary to fulfill his constitutional duty to protect the Constitution especially concerning federal issues or mandatory Presidential assent The Court clarified that neither the actions under Articles and nor the contents of a Bill anterior to enactment are justiciable and imposing judicial timelines or ordering deemed assent would be unconstitutional though unexplained and prolonged inaction by the Governor may invite a limited judicial direction to act within a reasonable time