Actions of the Governors and the President are subject to judicial review

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The Hon’ble Supreme Court, while dealing with a Writ Petition filed by the State of Tamil Nadu, held that the Governor cannot keep bills submitted to them pending without response indefinitely. The Court also held that delays in granting assent to bills that were repassed by the legislature, without any reason are both illegal and erroneous in law, and to put an end to the dispute, it also prescribed various timelines to be followed for the grant of assent and prevent arbitrary delays. The Court also stated that actions of Governors and the President are subject to judicial review as absence of the would shield their actions “in a lead casket” even in cases of constitutional violation.

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Recent Case Snippets

Fayaz Ahmad Sheikh Vs. Mushtaq Ahmad Khan, 2022 Scc Online J&K 565

The court observed that, a complaint under section 138 of NI Act, when an FIR of offences under section 420, 560 IPC was already filed with respect to circumstances of identical nature/ same transaction does not amount to forum shopping or double jeopardy. The offence under section 420 IPC is made during the issuance of... Read more » Read more »

Has ‘Limitation’ Become Limitless? Rethinking the Boundaries for Initiating Arbitration Proceedings

In the recent ruling in M/s Arif Azim Co. Ltd. Vs. M/s Aptech Ltd., Arbitration Petition No. 29 of 2023, the Hon’ble Supreme Court undertook an exhaustive exercise of tracing the law and identifying the existing legislative vacuum regarding the limitation for both the initiation of arbitration proceedings and the filing of an application... Read more »

National Commission for Protection of Child Rights (NCPCR) Vs. State of Jharkhand & Ors.

In the case of National Commission for Protection of Child Rights (NCPCR) vs. State of Jharkhand & Ors., the Supreme Court dismissed a writ petition filed by the NCPCR under Article 32, emphasizing that statutory bodies created to protect fundamental rights cannot invoke Article 32 to enforce their mandates against state authorities or private entities.... Read more » Read more »

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