Wilson: all questions, TN Governor's judgment is... ... Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-9 : Live Updates
Wilson: all questions, TN Governor's judgment is the complete answer.
Sr Adv Gopal Shankarnarayanan, for two intervenors(one advocate and one DGP): See Article 145(4)-this is a recognition of what took before Constution was in place. It copied passed S. 213 of the GOI. What mylords are doing is a completely different jurisdiction, and here it has been asked by citizen one for guidance.
If for a minute mylords see A. 374. Mr Dattar mentioned estate duties case, one of the references. it was very criticial on what they say about advisory jurisdiction. The first on delhi laws did not deal but second one did. The same aspect of A. 143 is done dealt by nine judges and noted in privy council by 11 judges and then by Chandrachud's judgment.
The role that is being discharged in advisory jurisdiction is effectively not more than what a law officer would do for the state government.
CJI: we will be answering the questions, whether it has binding force or opinion
SG Mehta: I have serious objection to this. This is not a report to the President. He has to be respectful
J Narasimha: this point can be skipped
Shankarnarayan: I am saying rather than revisiting, mylords, the role is very limited. no dispute has to be adjudicated- as a result Article 141, 144 does not apply to this provision. If you see none of the 15 judgments have referred to Article 145(4), none have overruled previous judgments...Around 10 questions have been answered in the judgment.
Please note, this is not a recent issue. Grandville Austin chapter, I have attached how Morarji desai faced with the issue and the solution has come.
Mr Salve said that if state passes a bill, the central government via the Governor can withhold-it is answered that the Governor is not amenable or accountable to the direction of the Government of India.
On Article 200, three aspects not shown
1. in end of first clause, it ends with colon before the first proviso. At end of first colon, there is colon- it came before J Arun-whether second proviso attach itself to the first proviso- answer was it attaches itself to the immediately preceeded.
There are five provisions in which there are reservation for the President including second proviso to Article 200. Barring those five, interpretation is clear that every single bill is cleared. Question is when?