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

SG: This discussion in TN is directly dealing with the question of discretion.

J Nath: the TN judgment refers jumps to para 154, skips 151, 152

SG: real law in nebam rebia laid down in para 151, 152. Next BK Pavitra judgment referred, declared per incuriam. This itself was enough for an Article 145(3) reference.

SG: How this is dealt in Tamil Nadu judgment-

SG: Now, I came to most important judgment-Nebam Rebia-escaped the attention in Punjab judgment, quoted in Tamil Nadu but important paras missed.

SG: MP Special Police establishment judgment- para referred:

SG: Article 200 where Governor may act in his own discretion. In TN judgment, this is distinguished relying upon concurring option of a judge in this case. Next is MP Police judgment which is not noticed.

SG: What is missed by the Punjab judgment is

SG: Punjab Governor judgment referring to Samsher Singh judgment-

SG: Shamsher Singh judgment takes note of in Punjab judgment but relevant paragraphs missed. Only two paragraphs are noticed.

SG: [reading judgment on whether discretion can be exercised] 1. expressely provided 2. where legislative intent emerging from interpretation- Article 356 for eg. 3. whether constitutional court declares 4. where bias is inherent in aid and advice- sanction under PC Act

SG: I have quoted Seervai on what is the discretionary powers of Governor and President. I have referred judgments on discretion [of Governor and President].