Presidential Reference On Timelines For Bills' Assent : Live Updates From Supreme Court
AG: Now, when have an opposite conclusion in the recent judgment.
AG: conclusion draw is Governor is aid and advise of Council- if the four option is endorsed by two reports, am I expected to be toppled by aid and advise of ministers? Virtually subverts my options under four-option theory.
AG: It is submitted, the four option theory is the correct theory, on question one. The Sarkaria Commission report endorses this.
AG: In Pavitra, the Court has held that confernment of powers for reservation can't be confined as exigency can arise.
AG says Article 200 can't be read to bind the Governor on the aid and advice of the Council of Ministers.
AG: [referring to TN judgment] on broad questions, tracing history from Government of India Act, 1935, the court completes to conclusion the word 'discretion' is dropped from the Act and he must act in aid and advise. The word although does not find mention, it will have implications.
CJI: What is the final conclusion in the judgment?
AG: I will read that; I wish to confine to 3-4 issues which talks about how Article 200 has undergone change [refers to the issues]
AG: We have relevant paragraphs of the Tamil Nadu judgment
CJI: where according to you the Constitution is amended