Live Law

2025-09-02 09:31:14.0

  • Sibal: there must be some amnity to make the Constitution work. Not that the Governor says I will not allow it to go forward. No principle of constitutional law allows breakdown of constitutional machinery. There are the fundamentals which the court looks at while deciding the matter. If you look at Article 200, Governor will either send back with suggested amendment or reconsideration, the legislature will then pass. There inherent evidence that that little consideration is with the Governor.

    J Narasimha: what weighs with the Governor when he sends it back? when he takes the decision, it is a logical or court type or is it deliberative or consultative?

    Sibal: Governor can take advise of Advocate General or private lawyer like the President does with Attorney General

    CJI: there has been instances where senior advocates...

    Sibal: Governor is not taking decision, he is not a decision making authority or he is a judge. Question of withholding does not arise but then he will thwart the will of the people anthema to the Constitution.

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