Live Law

2025-08-28 06:34:54.0

  • Singhvi: Article 200- 1. the governor and President are titular head functioning within Parliamentary form of government bound by aid and advice and no discretion except where provided

    CJI: what about Article 163

    Singhvi: fully dealt with.

    2. there is strong material in Shamsher and Nebam and in constitutent assembly that each of three options in Article 200, the Governor is bound by advice of ministry and even for reserving for President. There are materials suggesting that. Intention was even for council of ministers to guide him when to refers.

    3. The Governor in any event has 3 options and if he chooses not to assent, he may, even not be bound by advice, return or refers when he first refers to the bill.

    4. no called fourth option for bill to fall through-withholding assent simplicter

    5. no fifth option sending the bill for presidential assent after exercising the second option for returning the Bill to assembly

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