Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-5 : Live Updates

Singhvi: in many judgments, Article 200 is given for discretion but it does not add what Shamsher Singh adds-"Again Article 200 requires the Governor to reserve for consideration any Bill which in his opinion if it became law, would so derogate from the powers of the High Court as to endanger the position which the High Court is designed to fill under the Constitution."

Singhvi: very sorry to say, some para read by SG said that in these matters, the Governor will have to hold the Bill back- nine doomsday scenario which never happened in 75 years such as State enacts local language etc are given. Mylords have said don't judge constitutional adjudication on disasters.

Singhvi: Shamsher Singh-seven judges- judgment referred.

Singhvi argues that the election of Governor reflects the fact that he is ornamental and nothing else.

Singhvi: reading the constituent assembly debate-

Singhvi: The discretion envisaged under Article 200 is envisaged only to the second proviso which is misread to say he generally has discretion.

Former President called him friend, philospher guide and according to me, he is a friend, philosopher to exercise functions- he will be a man above party and will be able to influence ministers to administer the functions.

CJI: we also recognise that he may have discretion

Singhvi: of course, he does in five or six articles including Article 200 only to the extent of second proviso. 1935 Act had discretion in opening part and in proviso, in first round of assembly, they removed in first part and idea was to give discretion is second proviso. Article 200 and 163 is not blanket provision.

Ambedkar calls him ornamental.

Singhvi: Article 200- 1. the governor and President are titular head functioning within Parliamentary form of government bound by aid and advice and no discretion except where provided

CJI: what about Article 163

Singhvi: fully dealt with.

2. there is strong material in Shamsher and Nebam and in constitutent assembly that each of three options in Article 200, the Governor is bound by advice of ministry and even for reserving for President. There are materials suggesting that. Intention was even for council of ministers to guide him when to refers.

3. The Governor in any event has 3 options and if he chooses not to assent, he may, even not be bound by advice, return or refers when he first refers to the bill.

4. no called fourth option for bill to fall through-withholding assent simplicter

5. no fifth option sending the bill for presidential assent after exercising the second option for returning the Bill to assembly

Singhvi: three bigger issues I am dealing- 1. the whole concept of discretion, lack of it, degree of it under A. 200. 2. questions 3, 4, 6 and 9- broadly judicial review, justiciability etc 3. timelines and then, briefly question 8, 10, 11, and 12.

CJI: we are not permitting more than one counsel to appear for each State

Sr Adv Abhishek Manu Singhvi: we will sort it out at lunch.

Singhvi begins.

SG: If governor can't be answerable and there is dispute between Union and State, who defends him?

SG Mehta concludes.

Sr Adv Siddharth Luthra(for Andhra Pradesh): since we filed Article 32, I want to reserve my right to seek instructions.