Live Law

2025-08-20 09:28:22.0

  • J Nath: the procedure to be followed is Article 200- the Governor can do one of three things- declares assent- Bill becomes law; declare to withhold assent- bill falls through unless procedure indicated in first proviso is followed; or declare Bill for President- procedure under Article 201 is followed. Now, unless proviso is invoked coupled with withholding the assent.

    SG: unless-it is a separate option

    J Nath: unless says he exercises first proviso, that is what the judgment says. He can invoke the proviso when he withholds.

    SG: Legislative Assembly passes a law to not enter in trade with foreign country- no question of repugnancy but subject of external affairs- President can say, i can't.

    The decision to withhold is based on premise that you did not have the competence.

    CJI: Kameshwar is in the context of Article 31A and 31B

    SG: Article 200 also examined.

    Next Story