Sr Adv Arvind Datar (for Punjab): I have followed... ... Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-8 : Live Updates
Sr Adv Arvind Datar (for Punjab): I have followed most arguments.
1. Governor has no discretion, his discretion is to choose three options.
2. Article 200 uses as soon as possible-I found it is used 7 times in Constitution- 242 statutory provision etc, mostly as soon as possible for legislature. Why do they say that? the kinds of bills may be of multiple types, could be simple amendment or complex bills involving matters in List III, there Governor may take some more time- it depends on the context of the Bill. If the bill is complicated, he may consult the Advocate General etc. To accept stand of Union is to result in contitutional paradox.
Now argument is I can withhold indefinitely- withholding is like a pause- is there something for the Governor to make a message?- he can consider the House to look at Bill in entirety or certain provisions- what the paradox Union suggest is, when Governor advices and legislature decides to still want to go withhold it- it would be absurd to say that I will not make a message but will withhold it. In Maharashtra, we have chronic issue of reservations for Marathas, now Bill is passed for more than 50% reservation, Governor has no choice. But AG in TN said that the Governor can examine validity, I am not he can't. Governor is not a constitutional filter. Governor with serious advice can say, please rethink.
3. withhold message is inextricably interlinked with the message- he can't keep it as it is
4. when can you refer to the President? this scope of Article 200 can be read with Article 213.