At a felicitation function shortly after assuming office as the Chief Justice of India, Justice B R Gavai said that while deciding cases, the judiciary cannot afford to ignore ground realities and view legal matters in strict black-and-white terms. The Supreme Court and the High Courts have always integrated the political and social realities of the time to decide constitutional cases. Yet, on the Presidential Reference on the Governor’s powers under Article 200, the Supreme Court chose to ignore the political realities of the time by delivering an opinion that exudes mere optimism.

In its opinion, the Court says that the Constitution incorporates a dialogic process between the constitutional functionaries which is a potent checks-and-balances system. But the question remains: Can we expe

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