Live Law
2025-08-28 05:27:23.0
SG: First, whether writ petition under Article 32 would lie at behest of State Government? Two objections- a. 32 lies when violation of fundamental rights and state government constitutionally form does not have the fundamental right. It is a repository of functions which is to protect fundamental rights of others.
One judgment-house was prerogative and one member approached mylords on whether Article 32 would lie- bear one factor in mind, there are chapters under Constitution- Article 200 in chapter which starts with legislative procedure-Article 196 heading- provisions as to introduction and passing of Bills- that's how legislative process starts and goes to Article 200 and it culminatives when Governor exercises one of the four choices or President exercises Article 201 when bill reserved.
It has as much sanctity is that of the House when bill is passed. It is a part of a legislative process and question would be- can any part be subjected to writ jurisdiction?
