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

SG reads Article 201, draft Article 176.

SG: Constitution has provided time line here for six month which means when it was specificially provided, its there and therefore, it is not permissible to add time lines.

CJI: in effect, on second occasion, if legislature reiterates, the Governor will have no option. Its in the negative which is a mandate, like the Collegium! (laughs)

SG: three options- grant assent, assent withhold-i will explain it falls through, and third, there is some repugnancy or violation of fundamental right and refers to President and four, in discretion return for some curable defect.

SG: there is also a deeming provision made by a statute. I will come later as to if this could be done by judicial order.

Reads Section 75 under GOI Act, 1935

SG: my interpretation of withhold is, it falls through.

SG: time limit was prescribed for the President equivalent, Governor-General. Consequence also provided, meaning time limit is mandatory.

SG: Section 12 of GOI 1919 Act- four options assent, withhold, return to house and refer to Governor-General.

SG: very manner in which it is couched it gives Governor the option.

SG: Present Article 163, the Governor must act in aid and advise of Government except where he is having discretion conferred by very nature of power or by Constitution.

Now reads Article 200, GOI Act 1919 referred.

SG: it would be really hazardous to take constitutional interpretation on some aberrations; hard cases always lead to laying down bad laws