Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-4 : Live Updates
Banerjee: act of assent is integral to the legislative process.
Nataraj: 1. functional autonomy 2. scope of interference 3. pre-decision interference are the three arguments submitted.
ASG Vikramjit Banerjee(for State of Goa): 1. on deemed assent- the process of legislation can't be complete unless it receives the assent of Governor, that is why there can't be deemed assent. The constitution does not envisage concept of deemed assent and judiciary can't insert itself giving deemed assent.
Nataraj: judiciary can't be the pill for every disease- refers to the common cause judgment.
Nataraj: when language and article is clear, we should not supply cassius omissus.
Nataraj: Kihoton Hollahan referred. He argues that even when Speaker works as a tribunal under schedule 10th, the Court can't interfere prior to his decision making.
Nataraj: we are at stage prior to granting of assent- in prior judgments such as Kihoton and Bommai, it was after the decision was taken but now we are examining what happens before the assent is given.
One more aspect- 'as soon as possible'-absolute discretion. I have quoted from SR Bommai's case.
ASG KM Nataraj (for Orissa and Uttar Pradesh): in light of reference, so far as States are concerned, we have made three issues
1. whether it is permissible to impose timelimits
2. failure to adhere to timelimit would lead to deemed assent
3. situation before the assent is justiciable
President and Governor enjoy absolute functional autonomy. Article 60 and 59- oath will be taken by President/Governor; Article 200 and Article 361. From these three, it can be made out that President and Governor has absolute discretion prior to giving assent.
Singh concludes by saying that a reference to a larger bench is reasonable.