Live Law
2025-09-11 06:56:09.0
AG: I wish to take your lordship away from Article 200 a little. It is a matter of concern where they talked about important provision. Very often we land into question of moral principles and policies and it gets jumbled upon. In course of assistance on A. 200, i want to bring to notice a greek figure Proteus...
Article 200 devoid of any independent course of action for Governor- all delays are bad, Governor tends to do delay so all Governors are bad- how will the court be really assisted? We can't fall into the fallacy. The logic of retaining Article 200 with Governor in place...it still finds a position in the Constitution.
Constitution framers would have said we will not have governors etc. It is important that it is not placed under shackles. You are being asked to put restrictions, I would say please don't do that.
The moment you say, I will exercise judicial power into how he will exercise his powers, you are entering into new field of Governor's assent. Once you open up a certain thing, could will become a deputy legislator.
On how you will took at Article 200- I think its important to invite to an observation/dissent made by J Holmes on hard cases.