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

SG: even if the context was lapsing, I read the ratio. The prayer was this that you provide a timeline otherwise it would lapse.

SG: it is cited, let me first show the facts of Purushottam.

SG: the outgoing cabinet say, our tenure is over, give assent to the Bill but Governor may choose and say, let me wait for the fresh elections. Outgoing people who have lost their time in the electoral mandate may not have applied their mind.

J Narasimha: so the bill does not lapse

CJI: two judges bench ought to have considered it

SG: Purushothaman Nambudiri- Bill lapsed because of non-prescription of timelimit.

SG: on timeline, there is direct judgment of five-judge bench. Article 200 was considered from view of time line and it was not prescribed. Article 200 follows 201 and in 201, time line is prescribed. All provisions where it was necessary to prescribe timelimit, it is there. Only question is can it be prescribed by a judgment?

SG: please see the directions in the Tamil Nadu judgment [reads it]. There are two things, the second direction that President and Governor will record reasons and if they don't follow time line, States can come to Supreme Court or HCs. This means one institution is directing the President to do it within some time. I respect the directions, there may be justification but it can't confer jurisdiction.

J Kant: if power of interpretation vests in Supreme Court, then interpretation of law have to be tried by the court

SG: justiciability is something else, adding or constitutional interpretation is something else

CJI: we have to go on literal interpretation

SG: you can always call the law officer and say please do

J Narasimha: if extreme view is taken to argue that you can't do it, you say we don't have the power to do it at all, how do you make the Constitution work?

J Kant: Against inaction of Governor, it can vary from state to state, action to action, or inaction, if aggreived State approaches and according to you, the judicial review is completely barred?

SG: I am on timelimit.

CJI: if there is a wrong, there has to be a remedy

SG: for all problems, this forum may not be the solution

CJI: this court is the custodian of the constitution

SG: each organ is

CJI: if constitutional functionaries does not discharge function without any reason, are the hands of this court tied?

SG: Suppose a bill is passed by Parliament that people of country is approaching that there trial is pending for 30 years, can the executive say there is a problem and your trial is treated to have been terminated, you have been deemed to have been acquitted. Justification can;t confer jurisdiction.

SG: Suppose a bill is passed by Parliament that people of country is approaching that there trial is pending for 30 years, can the executive say there is a problem and your trial is treated to have been terminated, you have been deemed to have been acquitted. Justification can;t confer jurisdiction.