Live Law
2025-08-21 08:51:06.0
SG: on the ground of doctrine of separation of powers and non-justiciable of coordinate constitutional organs- assent is granted in aid and advice, there is no dispute in view of Governor. Under Article 163 prohibits the court from inquiry on what advice the assent was granted.
Suppose assent is granted, according to two judgments, it is not justiciable. Suppose he chooses the first proviso that he sends to the assembly and after proviso operates and bill is presented with or without modification, it can be sent to the President. That can be a subject matter of challenge. Question is- when they are exercising legislative power- such multipronged attacked by judicial review is permitted? my submission is no.
CJI: either he grants assents or not, but governor withholds it for unlimited period
SG: withhold is permanent; please see title of Article 200. it is not justiciable the exercise of powers under Article 200 and 201
CJI:according to you it is totally out of judicial view?
J Kant: the court can't examine the assent, but here question is decision making process