Presidential Reference On Timelines For Bills' Assent : Live Updates From Supreme Court
AG: judgment says we follow Punjab case, one of the judges was a part of Punjab judgment
J Kant: in para 431 and 433, the Court went wrong in para 432, what is then the constitutionally permissible way?
J Kant: the facts that is there, is it correct 2020 Bills are pending?
AG: Even if factually correct...there were explanations given for that. There was an explanation why governor kept. We are talking about state of powers whether Article 142 can be invoked
J Narasimha: para 433 talks extensively into invoking that power
AG reads the Tamil Nadu judgment- too strong things to state- collude with Union
AG: Court said there is failure on the part of the Governor to act in accordance with Article 200, the Court said I am going to give deemed assent- supreme court can't step in the shoes of the authority...
AG says powers conferred Article 142 cannot be used to subplant a substantive law or build a new edifice when none existed earlier to achieve something which can't be achieved earlier.
AG: This Court in Supreme Court Bar Association are complementary to those powers specifically conferred. It has wide amplitude...we have travelled beyond individual adjudication, but there are limitations...
AG: I will just conclude on questions 13 and 10
question 10: Can the exercise of constitutional powers and the orders of/by the President / Governor be substituted in any manner under Article 142 of the Constitution of India?
question 13: Do the powers of the Supreme Court under Article 142 of the Constitution of India limited to matters of procedural law or Article 142 of the Constitution of India extends to issuing directions /passing orders which are contrary to or inconsistent with existing substantive or procedural provisions of the Constitution or law in force?
AG: We clubbed both because of the intrinsic connection, related to scope and power of Supreme Court under Article 142. But rule of inherent powers, power can't exceed its own authority. Inherent powers can be exercised to prevent abuse of court...However, Article 142 is suplementary and not to subplant.
AG: "(ii) he may except in the case of a 'Money Bill' withhold his assent therefrom, in which case the Bill falls through unless the procedure indicated in the first proviso is followed, i.e., return the Bill to the Assembly for reconsideration with a message"- Valluri judgment