Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-3 : Live Updates

SG: It is always safe to save the jurisdiction of this Court. This theory, separation of powers amongst coordinate constitutional functionaries is accepted in our Constitution. Please see Article 163(3). Suppose, the outgoing Gov hurriedly passed Bill, send to Governor, new Government is formed and its not the same Government. he may advise governor to withhold the assent like I want to have fresh mandate, the constitutional prohibition is, you can't go into the advice given. What is done by Governor after that is also non-justiciable.

SG: my respectful submission, this being plenary legislative powers exercised by coordinate constitutional functionaries are outside the pale of justiciability.

SG: Provision also says desirability. For instance, age is under challenge. He says, make it to 21. The assembly would return it without accepting, then also that option is available. If its justiciable, it can be put to challenge.

SG: multi-level challenge- grant of assent per se if its challenged, the return by Governor to assembly can then also be challenged. Governor can send without repugnancy. Suppose he chooses to refer it to president, that is also a decision under Article 200.

SG: on the ground of doctrine of separation of powers and non-justiciable of coordinate constitutional organs- assent is granted in aid and advice, there is no dispute in view of Governor. Under Article 163 prohibits the court from inquiry on what advice the assent was granted.

Suppose assent is granted, according to two judgments, it is not justiciable. Suppose he chooses the first proviso that he sends to the assembly and after proviso operates and bill is presented with or without modification, it can be sent to the President. That can be a subject matter of challenge. Question is- when they are exercising legislative power- such multipronged attacked by judicial review is permitted? my submission is no.

CJI: either he grants assents or not, but governor withholds it for unlimited period

SG: withhold is permanent; please see title of Article 200. it is not justiciable the exercise of powers under Article 200 and 201

CJI:according to you it is totally out of judicial view?

J Kant: the court can't examine the assent, but here question is decision making process

SG: court can't decide validity of assent-

SG: Suppose Governor feels it is repugnant to two central Act and sends it to President and it is found that it was repugnant to actually five central law- the main issue was can the assent be justiciable?

SG: Kaiser-I-Hind Pvt referred-

Bench assembled.

Hearing to resume at 2 pm.