Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-5 : Live Updates
SG: See the devastating effect- suppose Governor refers back to the House, some private citizen would come for violation- neither Article 32/226 at behest of State/individual is not available and even Article 131 because it is for Centre and the State dispute.
SG: In Nebam Rebia, Governor was issued notice and it informed that Article 361 has immunity and the court withdrew the notice saying it should have not been issued
Sibal: but he appeared on his own and filed affidavit
J Nath: on his own violation he can come
SG: Article 361-Rameshwar Prasad-incidentally J Narasimha appeared in that matter-
SG: mylords would be guided by four factors- nature of functions, stage of the process, constitutional choice under Article 200 is not binary, etc.
SG: Suppose a state passes a law that local language will be permitted and no other language, the Governor may wait for one year to cool down
SG: in most cases, State Government appear and defend the Governors. On constitutional scheme, Article 154 says the executive power of State vests with the Governor. Article 155, Governor appointed on warrant by President. He is not the same thing as Union of India for the purpose of Article 131. It is for dispute between Central Government and States on issues of funds etc
J Narasimha: the actions of government, if at all he needs to answer, it will come throught he Government as said in Rameshwar Prasad
SG: through the state government; who will defend him if State is the petitioner? Central Gov can't come and defend him.
SG: by very nature and function of Governor, a writ of mandamus can't be filed and therefore, Article 226 would not lie. In this context, I have cited laws- here, governor who could not join as party- the two judge says the Governor will have to come and explain!
SR Bommai referred.
J Narasimha: are you saying that for all directions for Article 131?
SG: Article 131, mylords examine dispute between Union and State but Governor does not present the Union but the President.
CJI: How does he not represent the GOI? It is the GOI which entrust the authority to the Governor
SG: constitutionally speaking
CJI: in constituent assembly debates, framers said Governor is the vital link between Union and State.
SG: Is the Governor bound by aid and advise of Union Cabinet? Governor can either decide on aid and advise of State or his own discretion. He is reporting and answerable to the President.
SG: question is, can much a mandamus be issued? Suppose division bench says if the bill is referred to the President, the State comes here saying it is wrongly referred and therefore, we set aside the order of referring and we direct to grant assent- mylords have not issued mandamus to implement a law- because it would inevitably means that the direction is for making a law.
SG: what is the time limit depends on facts
CJI: we will not issue the words the two judge used but the Governor would not be justified in sitting over the bill for six months
SG: one constitutional organ not discharging his duties does not entitle the court to direct another constitutional organ...
CJI: yes, we know what your argument is- if this court does not decide the matter within 10 years, would it be justified for the President to issue an order