Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-6 : Live Updates

Singhvi: Kameshwar is not on this issue-falling through.

CJI: is the second time permissible

Singhvi: no mylords; the short simple answer, at any stage the proviso is followed, it can fall through unless proviso indicated is followed. When Governor returns it, at any time the bill may fall through unless first proviso is followed- it does not mean Governor is given unknown power to hold simplicter.

Singhvi: short point is, Mr Mehta makes an artificial break and keeps the bill locked in the cupboard

CJI: If Governor decides to withhold and not send it back

Singhvi: then all this sending back does not happen; Mr learned friend forgets the suffix. See Valluri-bill falls through unless the proviso is followed- you are creating problem and then want to solve it. He says, falls through is the first option

CJI: If Governor decides to withhold, it falls through save and except where he decides to follow the proviso-absolute power with the Governor is their argument

SG Mehta: If my learned friend is going to rely on Andhra Pradesh etc as examples, we want to file a reply how since Independence the Constitution was taken on ride...

CJI: answer the legal issues, we don't want to know what happened here and there

Singhvi: withholding assent simpliciter which otherwise colloquially we are calling it as 'falling through'. Six bullets

1. falling through not independent argument- is there a category of simplicter withholding?

2. falling through occurs unless first proviso is completed is what the two judgment means- it occurs only when entire first proviso is not followed

3. first proviso is complete code in itself and it involves compositevely and telescopely the following steps-withholding and returning back is one composite step-reconsideration by house is step two, repassing by the legislature is the third step, and returning to Governor.

4. Assembly may not want to send it back, may not want to pass it, may change policy- it naturally falls through

5. All judgments by Mr Mehta is not falling through but that unless the first proviso is followed.