CJI: your proposition is that we have to take into... ... Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-10 : Live Updates

CJI: your proposition is that we have to take into consideration extreme examples and have to be cautious

SG: something so shockingly unconstitutional-suppose State assembly says henceforth we will not be a part of Union of India, Governor has to withhold assent. It is a separate option.

What is the meaning of word falls through? what is the consequence of withholding assent? it is not a constitutional term, constitution using lapsing but it is a separate phenomena suppose assembly dissolves etc. But every judgment uses the words falls through.

In constituent assembly, whenever the amendment was moved and it was not accepted, it falls through

CJI: it has to be equated with legislative assembly

SG: whenever the amendment is not accepted, it falls through or dies

CJI: unless the proviso is followed

Sibal: my learned friend gave this sheet that the bill falls through but the Governor's assent was given. According to him, whenever he withhelds, it falls through but it became an act.

SG: this is reference made by President, it does not mean only one party will appoint Governor

CJI: constituent assembly was cosnidering provision of Governor, they had expected that it would work on harmony

SG: the system has functioned in harmony, it is a recently started phenemona with NCT Delhi. There was Congress government, communist government but was Article 32 petition was filed?

Sibal: it was this very bill

CJI: place it on record to see if after withholding Governor sent to assembly and after it come it was passed

Sr Adv Wilson: In Tamil Nadu, 10 bills were returned as withheld and then it was passed