Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-8 : Live Updates

Gopal: Article 74-amendment made an obligation for the President to be bound by aid and advice- President is the constitutional head bound by aid and advice.

Article 74(1) was amended in 44th amendment, proviso inserted for the President to enable the council of ministers to reconsider the advice either generally or otherwise.

MP Police establishment case was dealing with whether previous sanction was required under S. 197 CrPC under the Prevention of Corruption Act-whether sanction could be accorded by Governor on aid and advice- the observation was limited to facts and circumstances in regards to Article 163 of the Constitution.

Gopal: Whenever the Constitution requires satisfication for exercise of power by the Governor/President, the satisfication is not personal, it is the satisfication of council of ministers on whose aid and advice the decisions are made.

Governor may also act in discretion under Article 356(1) and for reservation of Bill for President. Constitution does not recognise parallel administration.

Gopal: In Shamsher Singh, the court held that Governor and President are titular head and they must be bound by aid and advice of council of ministers.

Article 361 grants immunity because either the Governor or President exercises executive powers indivdually as it is exercised by ministers under the rules of business.