SG: if two judge bench's judgment is clear then, ... ... Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-9 : Live Updates

SG: if two judge bench's judgment is clear then, Article will have to be read with this amendment that Governor shall not withhold and has to assent thereof.

this argument was, the word withhold is used in sense of temporary deferment. The word withhold is used in same article twice. First, he assents or that withholds therefrom but I read as they read that he assents or temporary withholds and sends it to the legislature- then what is the reading of the proviso? governor shall not withhold. One word used in same article can't have different meanings.

What meaning we will give? come to first proviso, last time- governor shall not withhold therefore-this can't be temporary withholding. Withhold means it falls through. J Narasimha pointed out that the word has not been used in Constitution but it has connotation in constituent assembly that when an amendment is not passed, it falls through

CJI: yes, it means it is not passed by constituent assembly

SG: ignore constituent assembly debates

CJI: that analogy can be applied to the bill passed by legislature

SG: because there was no one there for assent or withhold.

Argument was take the spirit of the constitution that according to them Governor has nothing to do- this according to me is wrong. This argument is debated in Kesav Madhav Menon.

Update: 2025-09-10 09:41 GMT

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