Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-3 : Live Updates

SG: there can be a vacuum, when one ministry goes

CJI: whenever there is President's rule, there are advisors to the President

SG: Governor calls out leader for choice of minister, after previous dissolved, who will be to advice him? he has to act in his discretion.

SG: second question, which I am addressing- whether Governor is bound by aid and advice tendered by Council of Ministers- Article 163(1)-functions can be based on discretion or aid and advice. What is the demarcation? that's the question.

The Constituent Assembly debate relevant is-Kamath objected the addition of discretion. This argument is responded by Mahavir Tyagi.

SG: All four options are independent.

SG: Governor shall declare, he has three options- grant assent- facets of it? at the outset, if he grants assent, Bill becomes Act. If he defers, he can take decision and resort to proviso and return the Bill, fourth option. Bill is returned with or without modification.

What is second? withhold- standalone option-complete action

CJI: According to you, Punjab is wrongly decided?

SG: yes. At outset, if he withholds, patently unconstitutional, the bill falls through. Question is- instead of taking this route, he resorts to the proviso- it is returned to the House and if comes back, he has two options- he can assent or reserve. Third, one new element, when the reserves at outset, first can be for repugnancy. Certain provisions in Constitution mandates state legislature passing law, Presidential assent required- for instances, Article 31(3) etc.

Solicitor General Tushar Mehta to continue his arguments.