Salve: so, 1. when constitution does not set out... ... Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-4 : Live Updates

Salve: so, 1. when constitution does not set out condition

CJI: you want to compare Article 200 with Article 356?

Salve: yes, that's the short point. The judicially manageable standards are discren from the limitation- 1. delineating the power- once it is delineated, the subject of power is subject to judicial review-Mylords are repeatedly told, how do you find judicially manageable standards when no precondition? Anderson example- If Governor is satisfied, when is satisfaction a fact? But Article 200 finds no such standard.

2. very imp point- the language of Article 361- 'shall not be answerable to any court any exercise of powers and duties' -if mylords accept the position of existence of power to withhold assent, then why he withheld assent is not answerable. Where there are no judicially manageable standard to test discretion, is asking him to answer- the same does not applies to President because he acts on aid and advise but if governor acts on his own, Article 361 will make his answer outside the pale of judicial review.