Live Law

2025-09-03 06:37:19.0

  • Sibal: Only question is, if it is sent by legislature and he still withholds it-that is the only area mylords have to see. But remember, as a matter of constitutional law, the executive to interfere with the will of the people.

    Theoritically, has any State legislature passed a law violating it?

    J Kant: the power of Parliament under proviso under Article 254 is not a substitute to reserve the power of the President to refer, these are two independent powers. President may assent and it becomes a law and meanwhile, the Parliament passes a law saying it is repugnant

    Sibal: absolutely right, it can happen anything but that solution is provided, which is not that I sit on it.

    J Kant: in other words, proviso to Article 254 is the second filter that if such law is passed, the Parliament...

    Sibal: there is no question of 6 or 3 months, it has to be forthwith. What happens when you sent the bill, he doesn't deal with it- what happens as soon as possible? this is not even hypothetical

    2. the process should be completed under Article 161, and if its not completed, he has to sent it forthwith

    3. if it reaches President, GOI must forthwith send it back

    Once the declaration of law is there, there will be no declaration.

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