Live Law
2025-09-02 05:15:22.0
SG Mehta: If my learned friend is going to rely on Andhra Pradesh etc as examples, we want to file a reply how since Independence the Constitution was taken on ride...
CJI: answer the legal issues, we don't want to know what happened here and there
Singhvi: withholding assent simpliciter which otherwise colloquially we are calling it as 'falling through'. Six bullets
1. falling through not independent argument- is there a category of simplicter withholding?
2. falling through occurs unless first proviso is completed is what the two judgment means- it occurs only when entire first proviso is not followed
3. first proviso is complete code in itself and it involves compositevely and telescopely the following steps-withholding and returning back is one composite step-reconsideration by house is step two, repassing by the legislature is the third step, and returning to Governor.
4. Assembly may not want to send it back, may not want to pass it, may change policy- it naturally falls through
5. All judgments by Mr Mehta is not falling through but that unless the first proviso is followed.