Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-2 : Live Updates
J Nath: after withholding, can governor sent it? That is the end of it, no proviso nothing.
Kaul: historically, from GOI 1919, always the fourth option was there. it is a different issue if it was in main or proviso.
J Nath: Unless is attached to withholding, then it is rightly decided
Sr Adv NK Kaul: unless appears relatable to withholding- when assent is given, no question of bill falling. When reserved for President, no question of bill falling. It arises when Governor declares he withholds, then the Bill falls through.
J Kant: If the fourth is to be exercised, returning to the house with a message for reconsideration, option and and three becomes defunct and only option second is left?
SG: yes
CJI: 'unless' has to be referred to the fourth option?
J Nath: why did they need a separate option for that? why proviso for that? it could have been an option in the main
CJI: withholding is- permanently and temporarily according to you?
SG: assent, withhold, reference to president and after if he exercises fourth option of returning, he is bound by it so far as withholding is concerned but he can still refer.
SG: what is withhold? I don't grant assent, I don't refer it. If this finding is to be right, the wording would governor 'will' assent the Bill
SG: Series a judgment says proviso is an exception unless the context provided- this is fourth option but court says it is only a limb of second option [to withhold]...he can refer for several reasons but here it it says the entire Bill suffers from infirmity, it is wrong with due respect.
SG: I am putting a question why- Governor may say there is repugnancy and I am sending the Bill back and if returned back and if Governor still feels it is repugnant, he can still refer to President- what is prohibited is that he withholds...
SG: kindly see the incongruity- Governor is supposed to act in aid and advice unless withholding comes. No council of ministers will say, we passed the Bill but you withhold it. There are certain provisions where Presidential Assent is mandatory therefore, it would be in interest of the Council to advice the Governor...Please see, pre schedule 10 scenarior, there is no whip...A bill is passed not to liking of Council of Ministers, Council may advice to withhold and he may in discretion still say, it is passed by majority and I will grant assent or in his wisdom call Chief Minister and say, I am returning it to the House. Rogue Governor would act in a fashion and that is why we have to consider that he does not Act in that manner.
CJI: we quite appreciate that constitutional functionaries, it would be presumed that they will be exercised in bona fide manner. The possibility of misuse can't be a ground of challenge
J Narasimha: do not consider we are asking this because there is prejudice that governor are acting in a manner