SG: some of the submissions compared the President... ... Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-9 : Live Updates
SG: some of the submissions compared the President of India under the Constitution is like British crown-Mr Datar read some judgment that British crown can't withhold-we have to understand that we have not blindly followed it. It is a herediatory crown while our president is indirectly elected. He is supposed to act on aid and advice of council of ministers who are again elected. It can't be compared to British crown.
Essentially, Governor's role is guardian, protector and representator of Union, and a person who takes the interest of entire nation because he represents the President. Mylords will recall KK Venugopal gave a list of dates, I fully agree that consultation is how the Constitution works and this is how it has worked. Now, we are raising a false alarm
CJI: how can you say? if the bills are pending with governor for 4 years
SG: I am respectfully urging there can't be a straightjacket formula
CJI: your one line argument is he can withhold indefinitely
SG: yes, instead of referring the bill in Punjab, he should have withheld it. Right from 1970 till date, only 20 bills across the nation are withheld out of 17,000 by the Governor. This is not a power to be exercised with the drop of the hat but something atrociously...I have data to show that 90% of bills are assented to within 1 month, and then 3 months and then 6 months.
Dr Singhvi: my learned friend objected vehemently
Sibal: all bills are 4-5 years, we didn't give data. All this is happening post 2014
SG: I am praising your government
Sibal: you should because no governor acted like that