Presidential Reference On Timelines For Bills' Assent : Live Updates From Supreme Court
After Attorney General concludes, Solicitor General will begin his arguments.
Bench assembled.
AG: I come under Article 143, the Court will say there is lack of bona fide!
Court will continue hearing post lunch at 2 pm.
AG: President is being told don't look at the executive policy.
AG: Whenever the Bill is reserved by the President by the Governor, the President is being asked to come to the Court under Article 143
AG: President and Governor virtually robbed of their application of mind.
AG: You bind hands of the President. The President will exercise highest consideration whether to assent or not. Court entered into a regulation-making power here.
AG says there is simplicity in Article 201, see after the judgment the three months timeline is added and if further time, it must be with written reasons.
CJI: According to you, last proviso is also added to Article 200; a third proviso?
AG: reads Article 201.
AG: So you see, the scene is entirely different from what is envisaged. We will look into if aid and advice will bind with the bill is so unconstitutional, all that flows from textual amendment to Article 200.
AG next argument is how Article 200 stood before Tamil Nadu judgment.
SG: AG is addressing as Attorney General and I would be answering for Union of India.
AG: [reads how Article 200 stands after TN judgment] when bill is passed by legislative assembly, the Governor shall within a month, on aid and advice...
AG: in breach of article 145(3), it is a matter of constitutional concern. It is become important to raise this consideration that no two views of that question, that in absence of conclusive authority, it will not only be prudent to go through the route of Article 145(3)