Presidential Reference On Timelines For Bills' Assent : Live Updates From Supreme Court
SG: There was no provision for returning the Bill to legislative council.
SG: first, I will take to the history of Article 111. This is pari materia to the office of the President of India. One more fact, it will have no relevance, there are several constitutional functionaries- president, MPs, there are different oaths prescribed by the Constitution. It is only the President and Governor takes oath to not just abide but also to defend the Constitution of India.
SG: I am treating Articles 200 and 201 as part of one scheme. What is the object of the Constitution of India, all these five provisions have their history. It has been preceeded by Government of India Act including 1935, where symbolic acceptance that India will give independence. There is one draft prepared by BN Rau, the drafting Committee by Ambedkar, which goes before constituent assembly where it is debated and we then get final provision.
SG: In a deaf and dumb school, there is a course on lip reading, we can only guess what mylords are talking...the hon'ble President is requesting for advise and it is possible if holistic reading of five articles is taken. We forget tamil nadu, or facts, there may be errant instances. One is Article 111, 74, 163, 200 and on reference, the power of reference by President.
SG: not a very right time to begin, on lighter side, mylords are not concerned with facts, there may be errant cases of governor, ministers, wrong or right advise. Essentially, core of issue, very high signifance of democracy and in our republic such question has come for the first time, lordship can better advise when it sees what is the role of President and Governor in federal structure.
When we are making or interpretating a Constitution, we do it idealistically. There may be some deviance and there is in built checks and balance. We drafting, the forefathers are visionary and saw potential abuse of the provisions. There may be several problems but it does not mean it will be solved by judiciary.
AG: If mylords want me to give narration of facts
CJI: better not go there
AG concludes his arguments.
AG: Bill will fall unless procedure in first proviso is followed-Valluri Basavaiah Chaudhary
CJI: in 522, it is said that there are clear instances where Governor has given due indifference....
AG: if mylords are sitting in review
J Narasimha: in egregious situation, the court had to step in and handle the situation as for a long time it was pending
AG: once court enters into this arena, any mind-boggling fact, the court will be asked to consider