Live Law

2025-09-10 08:51:26.0

  • SG Mehta: Mylords, at the outset, it is not the contention of the central government but some states have filed reply that centre is opposing. This is our interpretation, it is not interpretation that he has unbridled right to sit over the bills.

    It is not a question of me being a petitioner or etc. It is the question of assisting the court that this is the view of central government or states. It can't be taken in straighjacket rejoinder thing.

    J Narasimha: we have the opportunity of two extreme views and we will have to balance it, its an enormous task

    CJI: and the task of 16000-17000 pages, unfortunately there is no vacation as well

    J Nath: 25,000 pages

    SG Mehta: i would not reduce the august jurisdiction of a mere giving report not binding etc. mylords opinion is a law declared, mylords can even declare that the judgment does not lay down the correct law. The president of india has sought mylords opinion and mylords are interpreting while giving opinion.

    arguments:

    1. government has no power to withhold in any circumstances

    2. has no discretion in any circumstances- in every situation he has to act in aid and advice-he is a postman-

    3. he has not to apply his mind to process

    4. action is judicially reviewable

    5. governor is answerable like any other executive authority like any other routine executive functionaries- governor is a compotent of legislative assembly, he can't vote but he is a part of the legislative process

    6. governor must act in a set timeframe

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