Live Law

2025-09-02 09:53:14.0

  • Sibal: 371(A) is executive power for law and order like CrPC law and order.

    J Narasimha: uniquely worded proviso under Article 371(A) says, clause required to act in his individual judgment

    Sibal: Nebam summoned house in aid and advice and set agenda of the House-in that context, the counsel for Guv said its in his individual capacity-court said nothing doing! there is no such thing as discretion, completely alien to Article 200.

    Even if there is discretion, there are contours in which it has to exercised. Its not like the Governor can exercise in his free will.

    J Narasimha: Article 163 says discretion subject to process identified and it is in same line we will have to see if Article 200 gives any discretion to Governor

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