Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-9 : Live Updates

Reddy: He will not assent even if council of ministers ask him to in the second proviso

J Nath: Governor's discretion would prevail?

Reddy: yes, in second proviso.

Reddy refers to some judgments- MP Special Police establishment judgment on S. 197 CrPC. Vaishnodevi Shrine Act also referred.

Reddy: mylords have now seen the case where there is a possibility of inherent bias. When TN wanted to make an act to replace the Governor as the Chancellor, mylords would have to consider whether Governor who is otherwise conferred with specific powers, in a case where State is trying to remove him as the Chancellor, would there be inherent bias

Reddy: it is the council of ministers who will guide the Governor but second proviso enables the Governor that other than the regular procedure, the Governor is not bound by the second proviso. It is indicative of the fact that Governor has no discretion in the first proviso.

Reddy: on original intent, from where I continue from yesterday, specific areas of constituent assembly debates I wanted to point to your attention

1. draft article 175- Dr Ambedkar's speech on deletion of discretion-no room for Governor to have discretion

2. another speech- Governor will not act in discretion to send the Bill back to the House

3. TT Krishnamachari-Governor can act on the aid of ministery, its the best power for ministery to remedy a hasty action....it does not confer anymore power to Governor, it curtails it

4. When draft article 143 (Article 163) was discussed- wherever the Governor is granted discretion, it will be explicitly provided

5. draft Article 175 (Article 200) discretion deleted, it will not be possible to read discretion in it

6. Second proviso is actually indication of fact that normally Governor would not have discretion, he would be bound by aid and advice

Sr Adv Arvind Datar: We have filed 34 cases where a two-judge bench decided issues of constitutional interpretation. I have also included cases where court has struck down statutes on important constitutional issues.