Singhvi: there is strong material in Shamsher and... ... Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-5 : Live Updates
Singhvi: there is strong material in Shamsher and Nebam and at least three speeches in CAD that all options-assent, withholding and reserving are only intent to facilitate law making. Ultimately Governor is only facilitating. Why have second option sending back? There are many situations where Governor wants rethinking. On third option, the Government frequently knows that this requires Presidential assent or the Government is in doubt that there is competence issue
CJI: if Governor has doubt that there is repugnancy
Singhvi: he has discretion.
CJI: that's your alternative issue?
Singhvi: yes, that he has limited discretion
J Narasimha: what happens in 286, 287 when Bill comes to him because then the council will not advice?
Singhvi: he has no option. the bill may be illegal...constitutional scheme will not change in terms of aid and advice
J Narasimha: once it comes back, he has no option-is there a possibility for him to reference to President now?
Singhvi: the entire structure of Article 200 is the initial stage structure. He can take changes, the referral back can be a device to send it to President.