Live Law
2025-09-03 09:53:32.0
Sharma: second proviso to Article 200 is very clear that where Governor the could recommend or send it to President. 31(3) was also specific where it is stipulated, A.288(2), 304(b), 360- are where discretion is stipulated.
Discretion to Governor is not given in the Constitution.
For 'as soon as possible' means the earliest. In the draft it was six weeks, which was rejected. It was made clear that there is no room for delay. 6 weeks were considered longer and not shorter. Here we are taking about 6 or 8 months.
In UK, the sovereign originally had power to withhold assent and the Supreme Court termed it unconstitutional.
Our Governors have role so-well defined but we say they have the discretion to withhold or the bill falling, the Governors are not Vice-Roys. They are bound by aid and advice. I am referring to Articles 74 and 173.
I am also referring to few other articles which have not been referred that legislature is supremacy and governors/president have no role in the legislature. Even when they come to parliament to address joint session, they don't preside or share, they only address- Article 85.