Live Law

2025-09-02 09:20:22.0

  • Sibal (for West Bengal): what mylords are considering? One question is-what is the nature of power exercised by Governor-legislative/executive?

    What is nature of power exercised by President: is it in aid and advice of Cabinet or independently?

    If I assume its absolute executive power- a constitutional concundram will arise-legislature refers to item to List II and passes a legislation defining will of people, but mylords will have to say that sovereign act need not to be implemented- first time in history mylords will hold that will of people need not to be implemented because Guv withholds- unacceptable proposition.

    If mylords look at the scheme in respect to executive in relation to State/Union, executive has at no stage any legislative power. If it comes to President, she has no individual function and when it comes to Governor, he will act on aid and advice but he has some individual function like Article 356 which is a recommendatory function. But who decides? the GOI and who decides finally? mylords. Article 161 is grant of pardon, and Article 312 is another power-satisfaction of Governor-again on aid and advise. Give me one article which thwart the legislature.

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