Live Law

2025-08-28 10:26:29.0

  • Singhvi: falls through means it has to go back and not come back.

    Kameshwar judgment is dealing with a completely different issue.

    CJI: why does it says unless

    Singhvi: if the state does not return it, the bill falls through

    J Nath: then there is no question of Governor granting assent

    Singhvi: nobody has plucked out these words

    J Narasimha: where is the concept of falling through? the bill lapses. It has created much problem in its interpretation but if it goes back, falls through is not the correct option

    Singhvi: mylords are right but fortunately they have added 'unless'. Suppose if the Government sends it back, will the bill fall through? We are considering whether withholding simplicter is a head by itself. Sub arguments are that I hold it back and it falls through-as subjective absolute discretion-everything I read about discretion nullifies. It swallows the entire article.

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