Supreme Court's Judgment In Tamil Nadu Govt's Plea Against TN Governor Over Delay In Assenting Bills - LIVE UPDATES

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AG Venkataramani says on exercise of Article 142, there is going to be "some issues" and that he may be permitted to come back and make a mention.

J Pardiwala ends with quoting BR Ambedkar, "however good a constitution may be, if those who are implementing it are not good, it will prove to be bad"

J Pardiwala: Governor must be conscious to not create any roadblock

J Pardiwala: for all the foregoing reasons,

1. reservation of 10 bills is in contravention in Article 200 and declared erroneous

2. as a result, any consequential steps might have been taken on 10 bills equally erroneous

3. long period for which it was pending, and scant respect on decision of Punjab judgment, we are left with no choice to declare the 10 Bills deemed to have been assented in light of inherent powers

J Pardiwala: thus, we are of firm view that the observation made in BK Pavitra "..." do not take into consideration Shamsher Singh and is per incurium

J Pardiwala: Under Article 200, the Governor does not possess any discretion and has to mandatorily act on aid and advice.

J Pardiwala: At the cost of repetition, we say that the Governor must act in aid and advice of the State Legislature.

J Pardiwala: Any discretion available to the Governor under the 1935 became unavailable on the implementation of the Constitution.

Justice Pardiwala : In case of withholding of bills or reservation for President contrary to the advice of State, Governor shall take decision within a period of maximum three months.

J Pardiwala : As a general rule, the Governor is required to act as per the aid and advise of the State Government.