Presidential Reference On Bills' Assent Timelines : Supreme Court's Opinion | Live Updates
CJI: first issue is we are considering are options with Governor- the submission is that the text is explicit, upon presentation, the governor can assent to the bill or he can withhold therefore, or reserve for president.
the first proviso according to this submission is an additional option, making to the total of 4 options available to him. Against this, the other side said that he only has three option, withhold, assent or send to the assembly and if house passes, the governor is bound to assent.
the second interpretation is to bind the first proviso, in which case the governor is given 3 options. Governor can assent, reserve or withhold therefrom and return to the legislature and when passed,
Court: such a reading that there are four option can only be exercised when its not a money bill. each actions are qualitatively different. However, first proviso uses withholds is not withhold qualification- he is bound to return the bill to the assembly unless its a money bill.
We are of option that if two interpretation is possible, it encourages harmony and in such cases, the option returning to the house may be preferred.
it will be against federalism if the governor is allowed to withhold without referring to the first proviso.
bench assembled.