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

Kaul: it is sought to be argued that discretion is not an independent option- please have Article 167(duties of Chief Minister to furnish information)-even with regard to this Article- it was asked why does Governor need information? Dr Ambedkar say, the Governor duty is that he must get information but it is his duty to advise, reconsider and recommendation. He is not a representative of political party but the will of the state

CJI: he is a vital link between central and State Government

Kaul: memorandum of information on repugnancy, etc is asked and then application of mind takes place- that's why irrespective of aid and advise of Council

CJI: second time council of ministers reiterates the Bill, the Governor can still exercise discretion?

Kaul: no, the constitution is clear because he now can't withhold assent. What I am saying, discretion exercised by Governor or President means an indepedent exercise of discretion; he is a part of the legislative component.

Kaul: I have concluded on Article 200- very briefly, I will recap. I said, three clear options in the main part- says shall declare. Each has finality. Withhold means bill falls, assent means bill becomes law. Proviso is in nature of preliminary option, a consultative process.

They argued last of proviso says shall not withhold assent, it necessary means its adjunct to withhold- that is not what is textually given.

Returning was distinct option given under the Government of India Act. Does discretion exist in Articles 200 and 201? Repeated judgments say decision will be made irrespective of the advice of the council...as said in Shamsher Singh and BK Pavitra follows.

The arguments of the parties in favour of the reference will be concluded today. The parties opposing the reference will begin their arguments on August 28.