Скачать или смотреть What is Apex Court’s power if President, Governors sit on bills? Arguments by Mahesh Jethmalani

In the ongoing Supreme Court hearing on the Presidential Reference under Article 143, Senior Advocate Mahesh Jethmalani for the state of chattisgarh argued that the Governor’s discretion is essential to a functioning democracy and does not undermine responsible government.

Key Points from Jethmalani’s submissions:
✅ The Constitution does not prescribe strict timelines for assent, except in limited cases such as Money Bills in Legislative Councils.
✅ The Governor’s role is not mechanical; discretion forms an integral part of democratic functioning.
✅ Judicially fixed timelines could risk creating “constitutional chaos.”

The five-judge Constitution Bench, led by CJI B.R. Gavai, is hearing the Presidential reference case on timelines and procedures for the President and State Governors when considering Bills passed by State legislatures.
A Constitution Bench was constituted to decide the reference made by President Droupadi Murmu under Article 143(1) of the Constitution, which allows the President to seek the Court's opinion on questions of law or matters of public importance.

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Mr. Pradeep Rai is the Chairman of Public International Law Committee and Senior Advocate of the Supreme Court. Mr. Rai has over 26 years of standing at the Bar in the Supreme Court of India, various High Courts, Commissions, Regulatory Bodies and Tribunals. He has an experience in litigation across a wide spectrum of civil, criminal, revenue and constitutional issues. Mr. Rai is the founder of various sub-committees of the Supreme Court Bar Association that includes Grievance Committee, E-Committee, Health Committee, Bar Coordination Committee, Culture Committee and State Sub-Committee.

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