Supreme Court Hearing-Presidential Reference On Timelines For Bills' Assent-DAY-7 : Live Updates

Gopal: President, there is provision for impeachment but same corresponding is not there for Governor because he holds office at the pleasure of President- there is no concept of subjective responsibility-it is either policital responsibility exercised by the State Government or subordinate which is exercised in the name of the Governor. In RC Cooper, it is said that even ordinance is on aid and advice.

Gopal: state government can't deal with all issues and therefore, Governor authorised some powers under Article 166(3)- rules of business which are framed under 77(3) and 166(3) establishes the link between governor and the executive.

Gopal: why assent is required-whole executive action has to be taken in name of President and Governor-

A. Sanjeevi Naidu judgment referred: Government means the Governor aided and adviced by the Cabinet

Gopal: neither the president or governor ever participate in affairs of the house-they dont have right to vote or participate in deliberation. He sends the message in the House in aid and advice including returning of the Bill.

In all points, they don't have discretion in dealing with executive or legislative functions.

Gopal: I wanted to place an excerpt from Dr Ambedkar [reads it]

Refers to Rai Sahib Ram Jawaya Kapur And Ors. vs The State Of Punjab- real powers vested with cabinet 

argument to continue at 2.

Gopal: Governor is concerned, three sets of functions-executive, neo-legislative power and functions for discretion are specifically nominated. Question of high constitutional functionary enjoys plenary powers is completely antithetical to the Constitution.

In Kesvananda Bharti, the court equated Gov/President in the same constitutional sense.

Sibal concludes.

Sr Adv Gopal Subramanium to begin for State of Karnataka on principles of constitutional interpretation.

I think the reference seriously entrenches upon one of the most acknowledged coherent principle which is democratic organ which enjoys executive power is the cabinet form of government. If the cabinet form of government is quintessential to democratic form of government, once has to discover what is the role of the Governor/President.

The law has taken a consistent position from 1954 that both Guv/president are titular head and ultimately power resides with the Cabinet. Dr Ambedkar in his speech amply clarified that Union and State Government has freedom. On second principle, collective responsibility of house. Both the principles will be violated if Guv/Prez is endowed with any discretion.

Sibal: 1, 2 and 3 questions arise because they are specific though constitutionally, these are not in context of any facts.

Article 361-how does this arise? what is the relevance? no such thing has happened and why should you answer it?

absence of prescribed timelimit- why do you assume there is no constitutionally prescribed timelimit-there can't be an assumption made.

201 question has not arise in any situation- in a fact situation if it arises, you can answer it. It is obvious that there is a judgment of this court and someone wants to say that no, its not good. You are directly dealing with the judgment which is prohibited. It will be challenged, I am sure and this may be set aside, I have no problem. But this is no way.

anterior to the law question- has it been said by any judge? You can't trajecttually attack the judgment in a manner.

All these questions, with greatest respect, should not be answered. Only parameter which should be answered is Article 200 in the context of the Governor.

Sibal: refers to J YV Chandrachud's remarks in a reference that the reference must not be general in nature

J Narasimha: 2G examples of what happens when uncertainty arises

Sibal reads the 14 questions by the President