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

SG: why classical concept of judicial review will not apply? Hoechst Pharmaceuticals Ltd. v. State of Bihar referred.

SG: While exercising justiciability, the submission is divided

1. nature of power

2. non-justiciablity as facet of the independence of three organs- certain functions are core functions

3. judicial restraint

SG: We have constitutional supremacy, but don't have Parliamentary or legislative supremacy.

CJI: Sovereign is the Constitution.

SG: Supreme is the Constitution.

SG: another important question- whether exercise of power of President under Article 111 or Governor under 200 and President under 201 justiciable? In my view, it is not justiciable. One than one judgment supports it. Power of assent is a legislative act and otherwise as coordinate constitutional organ, the power is not justiciable.

When we say, kindly take this as constitutional argument, in Britain the Courts can't go questions because of Parliamentary supremacy except for human rights. Fortunately, the Supreme Court of India is the most powerful as mylords can set aside constitutional amendment, legislations.

SG: directions is to the timeline, give reasons and States can approach the Court

CJI: that will in violation of time line

SG: to get mandamus issued.

SG: as soon as possible- I am giving a judgment, Abdul Munim.

Can manner of exercise of powers be prescribed?

J Narasimha: show us the portion of two judge bench where it has been

CJI: that may be valid when some members of executive exercises adminstrative powers

Sr Adv Kapil Sibal: five years, I have been saying Speaker is a tribunal

CJI: we said we don't want to create a situation of operation successful, patient dead.

CJI: this court held that MLAs writting a letter from BSP that from SP Mulayam Singh should be made the CM itself was enough for disqualification.

SG: Kesham judgment

CJI: All have held that the speaker is a tribunal and he is amenable to the jurisdiction of this Court. Right from Kihoton, it has been held that he does not enjoy immunity. Kesham judgment also does not lay down guidelines. An argument was made that in UP case that the court should exercise the power and itself qualification, the Mayawati judgment.

SG: