Presidential Reference On Timelines For Bills' Assent : Live Updates From Supreme Court

AG: in tune with range of opinion, it is open for the court to decide what is the correct law? Tamil Nadu judgment is a departure from previous judgments. There is a mandate for the President to seek opinion if the Governor should have reserved the bill or not.

AG: Article 200 and 201 are a part of basic structure, to ensure that non-constitutional compliance, the President and Governor will say, stop! but tamil nadu judgment diluted.

AG: The debates on discharge of function between governor and state, the functional assignment is important. its the running blood with infuses in the functioning of Article 200. In course of exchange of views between Governor and State, in Tamil nadu judgment, it says, we will resolve and provide answers. Read Articles 200 and 201 as it is and in Tamil Nadu judgment, the court entered into a legislative exercise.

AG: Why need Articles 200 and 201 when legislature have final say? if in course of any political reasons, argument is canvassed, look it in particular way, it will be democratic. I hope court will look at it keeping in mind the constitutional importance.

AG: I have settled 5 broad proposition. The series of questions placed have certain intrinsic connections. Article 200 and 201, in company of other provisions, occupy special scheme. Its like a fulcurm where president and governor plays role of guardian for integrity

Snr Adv Maninder Singh: if ex-facie it appears there is no consistency in the views, it is entirely permissible for the President to resort to Article 143, especially on applicability on constitutional provisions.

Snr Adv, for Madhya Pradesh: All I said, whether there is satisfaction of the President, whether mylords answers it or not is different.

Snr Adv Harish Salve: it is not jurisdictional power, self imposed power. Maintainability is used losely. Doctrine of precedent is self imposed. Article 141 does not bind the supreme court overrule. Singhvi, first said, stare decis, it never stood in a way. Decree will continue to bind until set aside. What is happening, these challenges, it puts cart before the horse because mylords have not even engaged with these questions. It has happened that on many issues, the courts have spoken in different voices, mylords can deal and say but this is not maintainability.

Snr Adv: President opinion is held to be non-justiciable on issue of whether question arises is of public importance and it needs

J Kant: Article 143(1), first we will determine if there is a constitutional question of law or it arises to be answered

Senior Advocate: a view of law is not eternal and mallible and is subject to overruling, that is why in seven judge said it can be overruled not in appellate jurisdiction but the inherent powers.

SG: Keshav Singh judgment, there was some privilege issue, a reference was made and court overruled that the judgment does not lay correct rule.