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

J Narasimha: we did not have any impact assesment, we see the amount of litigation it has thrown, it could tell us now the vision was right or not.

CJI: your argument, Article 200 would be one instance where Governor would exercise discretion?

SG: There are some conventions developed. Article 163 says Governor act in aid and advice but when first government is formed, by very nature the Governor has to act independently

CJI: we have some experience how some hon'ble governors have exercised discretion, leading to so many litigations

CJI says that Ambedkar had replied that discretion can be exercised by Governor only provided by the Constitution specifically.

SG read Ambedkar's reply on whether discretion should be vested with Governor: "Now, speaking for myself, I have no doubt in my mind that the retention in or the vesting the Governor with certain discretionary powers is in no sense contrary to or in no sense a negation of responsible government."

SG: Unfortunately, the first government was formed, first use of Article 356 was used in Kerala. That debate was going on whether it should be imposed, Kamath said when constitution was debated Ambedkar said it would remain a deadletter, but now Ambedkar is dead

SG: When Article 356 was drafted, Kamath objected to it that Central Government should not have the power to impose President's rule. To salvage the situation, Ambedkar says that I hope and trust that it remains the deadletter in the Constitution.

SG says in the draft article, there was discretion left to the Governor however an amendment was moved to remove any discretion left to the Governor.

SG: Kamath always believed in provincial supremacy...

SG reads Article 163 of the Constitution on Council of Ministers. Reads Constitutent Assembly debates on Article 163 where amendment was moved: “That in clause (1) of Article 143, the words ‘except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion’ be deleted.”

SG reads Section 9 on Council of Ministers under the Government of India Act, 1935.

Kindly note, if he grants assent, and if he refuses, it will both be immune from challenge.

SG: What was in their mind did reflect in Article 200 that the Governor will have those powers that are only conferred maintaining supremacy of the election government.