Sharma: doctrine of separation of powers is not... ... Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-7 : Live Updates
Sharma: doctrine of separation of powers is not abstract but very foundation of constitutional framer. I will not have to repeat how law-making takes place. But it is the legislature which is sovereign, Parliament or State legislature and when it comes to interpretation, mylords are the final arbiter. That's why India's democracy has substained itself unlike other countries which become independence with us but could not substain.
Article 50 has ensured judicial independence and that is what matters to the people that their rights are secured and justiciable.
Whether President and Gov-do they have discretion? answer is no, the Constitution does not give any discretion. When the Bills are referred to President for consideration, that is also strictly stipulated by Constitution that no discretion was dispensed. It was there in the draft but it was done away with. The amendment moved by Dr Ambedkar was to ensure that there is no delay.
The powers are de jure and no de facto. Executive powers are completely vested with legislature.