Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-4 : Live Updates

Jethmalani: proviso uses 'may', 'as soon as possible' and on 'presentation' -proviso does not follows substantive part.

I adopt the arguments of SG, Salve that justiciability does not arise certainity for the President.

Jethmalani: 'as soon as possible' after representation of bill'- he has not exercised withholding and that means it can't be necessarily attached to withholding assent.

Jethmalani: it is almost disrespectful to put timelines. For 'as soon as possible' Namburi held that if both houses were to pass a bill but Governor's assent is not given, the Bill does not lapse on dissolve- if you can pass a bill at leisure- it can languish for some time so then as soon as possible will be in conflict with substantive part

Jethmalani: words used in proviso are- governor 'may' -as far as substantive part is concerned, it uses shall- this means proviso is discretionary for the Governor. Next phrase in proviso is 'as soon as possible'- where timeline is used, it is for the legislator but when there is high constitutional functionaries are involved, there is no time lines.

Jethmalani: TN judgment and Punjab judgment used proviso to place what is not there in main part. First part, which is substantive, prior to proviso, gives Governor three options- necessarily discretionary. in cabinet system of governor, the bills are laid at floors by the Government on principles of collective responsibility...what does it mean when it is said he withholds?...another word is rejecting the assent. He has option to assent, or rejecting it outright and when he has doubt regarding constitutionality or competence, he can reserve for President.

Attached of proviso to withholding of assent by two judgments- apart from construction and use of proviso to replace, it can be an entire exception to entire substantive part.

Sr Adv Siddharth Luthra (for Haryana) supports the Union's arguments.

Sr Adv Mahesh Jethmalani(for Chhattisgarh): suplementing- militates against construction that proviso is necessarily attached to withholding assent- overwhelming support in constituent assembly which Dr Ambedkar said that discretion is not contrary to responsive governor.

Banerjee: there are discretionary powers always indicated and there are exceptional powers where also he can make discretion-

Banerjee: in relation to MP police establishment act- Shamsher Singh extensively quoted-

J Kant: suppose if timeline entire, can deemed...

SG Mehta: there are provisions where timeline is not prescribed but consequence is not provided

J Kant: you say deemed consequence is not provided

SG Mehta: Article 198(5)- where both is provided.

J Kant: something if it does not happen in law, still it can be presumed

Banerjee: British Constitution, there is discussion on deemed assent but here it is not. In MP Special establishment judgment, where Mr Sorabjee...

SG Mehta: I have given a chart where deemed assent is provided in Constitution