Live Law

2025-08-20 09:56:45.0

  • SG: kindly see the incongruity- Governor is supposed to act in aid and advice unless withholding comes. No council of ministers will say, we passed the Bill but you withhold it. There are certain provisions where Presidential Assent is mandatory therefore, it would be in interest of the Council to advice the Governor...Please see, pre schedule 10 scenarior, there is no whip...A bill is passed not to liking of Council of Ministers, Council may advice to withhold and he may in discretion still say, it is passed by majority and I will grant assent or in his wisdom call Chief Minister and say, I am returning it to the House. Rogue Governor would act in a fashion and that is why we have to consider that he does not Act in that manner.

    CJI: we quite appreciate that constitutional functionaries, it would be presumed that they will be exercised in bona fide manner. The possibility of misuse can't be a ground of challenge

    J Narasimha: do not consider we are asking this because there is prejudice that governor are acting in a manner

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