Kaul: it is sought to be argued that discretion is... ... Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-4 : Live Updates
Kaul: it is sought to be argued that discretion is not an independent option- please have Article 167(duties of Chief Minister to furnish information)-even with regard to this Article- it was asked why does Governor need information? Dr Ambedkar say, the Governor duty is that he must get information but it is his duty to advise, reconsider and recommendation. He is not a representative of political party but the will of the state
CJI: he is a vital link between central and State Government
Kaul: memorandum of information on repugnancy, etc is asked and then application of mind takes place- that's why irrespective of aid and advise of Council
CJI: second time council of ministers reiterates the Bill, the Governor can still exercise discretion?
Kaul: no, the constitution is clear because he now can't withhold assent. What I am saying, discretion exercised by Governor or President means an indepedent exercise of discretion; he is a part of the legislative component.