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

Sibal: when President says the Bill introduced in Parliament is entrenching, will he send it on that ground? or that you are violating fundamental rights and last, you don't have capacity! There is no fourth ground but all these are challenged in court by somebody.

It is in the rarest of rare cases Guv will say I will not decide- suppose, in State University, Chancellor is the Governor, and legislation is passed that he should not be the Chancellor-what reason would he have to pass it?

Fundamental question is-what is that leeway? At this stage, these issues are not to be considered but remedies are quagmire

CJI: suppose he finds it is repugnant to central legislation, then will he not reserve?

Sibal: there is presumption of constitutionality

Sibal: Since Independence, mylords have you ever heard President withholding a bill?

CJI: there was one occasion

Sibal: That was different. Parliament is sovereign. President is elected President, there is element of urgency-will of the people has to be implemented urgently.

Other constitutional issue-if Bill becomes law, there is presumption of constitutionality.

CJI: burden is on whom who challenges is-very strong burden

Sibal: legislature is not concerned with constitutionality of the bill, that's the domain of your lordships. These are questions raised

CJI: according to you legislative competence can't be looked by Governor?

J Narasimha: written constitution is lost if the Bills