Live Law

2025-08-20 06:35:50.0

  • SG: Subsequent articles except Article 163 does not provide discretion but my submission is that when the provision itself provides option, it is his discretion

    CJI: discretion has to be exercised within the options provided

    SG: problem has arisen from state of punjab judgment

    J Narasimha: but time lines is not relatable to the options

    SG: no, no. I made a reference that whenever marker provided, its there.

    J Kant: the time line you are referring to is for the legislature. Possibly there can't be serious dispute on options assent, withhold, sent to President for advise and return. Discretion was omitted. These are options available, central point of debate is what does withhold means? either to reconsider or return. One draft bill is there, it encroaches upon list I, the Governor can say you can't implement...who much time this process should take is the central point

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