Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-2 : Live Updates

Hearing will resume tomorrow.

J Nath: all constitution benches have said unless he exercises the proviso

J Narasimha: yes

CJI: according to you, at threshold he has to exercise four options? ...

SG: if this is law, your lordship would render the power of withhold is redundant

SG: Governor is an unelected man, that is what the expression is on mind. He is representing President elected indirectly and he acts on aid and advice of Council...this word unelected for executive

CJI: we are appointed by President, what is wrong in that? We will not go into that. Better to bring the Governor as the nominated head of the State.

J Kant: why an embargo which is not there, you want to read it? Governor has wide powers

CJI: withholding and in the mean time sending it back?

J Narasimha: that is why the proviso gives it colour, instead of withholding

Kaul: words used are- after the presentation of Bill

J Kant: option one and three become defunct if withholding is exercised?

CJI: So, SG's argument is that withholding and exercising power under proviso are two different things.

J Nath: withholding could be permanent or temporary-it will be permanent when proviso is exercised. If Governor declares, he is withholding, that means he has not exercised the proviso.

Kaul: shall declare, withhold or reserve; proviso is the fourth option. But Bill with not fall if send to assembly

J Nath: then it is not withholding!

J Kant: you are adding more confusion. This option four- can this be exercised after option two? According to you, power under proviso is subject to option two?