Presidential Reference On Timelines For Bills' Assent : Live Updates From Supreme Court

AG: there are so many judgments, which is the correct law? I am not saying you review ordinarily...

AG: even if field occupied by a particular judgment, on a question of law, if there is no authoritative or conclusion pronoucement

J Narasimha: to go into the question if there is conclusive authority is the issue

J Kant: it is not foundational principle under Article 143, when it talks about law as reason, the question of law will be governed for the one which has not been answered.

AG: decision of law v view of law, in a Article 143 reference, the court does not enter into merits. We want to assist, the Court will not say we heard on maintainability.

AG: I would say, given the important of Article 143, the Court can depart from earlier precedents, there is nothing that inflexible rule. If that is the case, Article 143 will completely lose its essence.

AG: It is hold there is no demarcation or lines are blurry, it is not true. In a given case of public important, court can say we depart from the practice and we will look into questions including old precedent.

AG: the 2G brought in imp perspective, I understand Article 143 is not comparable to other Articles because it is the authority of the President. Others are jurisdiction conferred to the court. President is the master of the Article 143, and the Court may go into the previous judgments, there is no threshold or limitation that the court can't go into. There has been 15 references, the court has gone into previous judgments, it may agree or disagree.

AG: reads the argument for reference to the five judge bench in Tamil Nadu hearing.

AG: there are judgments of larger benches dealt with Article 201, but judgment does not entirely record Article 145(3) argument of mine

Sibal: we made reference in 2G, what happened was, principle in 2G was natural resources must be auctioned. the question arose should all natural resources be auctioned? will it follow the principle of law that all will be c, just the history context