SELF REDEVELOPMENT
SELF REDEVELOPMENT AUTHORITY PLANNED REDEVELOPMENT – SUGGESTIONSThe government of Maharashtra is actively pursuing the establishment of a dedicated Redevelopment Oversight Authority. This body would function as an independent authority to regulate, streamline, and monitor all types of redevelopment projects across the state, with a specific focus on increasing transparency and resolving disputes.A suggestion was floated by writer of this blog. It is now under consideration.Moving forward what are suggestions? Establishment of a judicial body with judicial powers to monitor and resolve issues including of title of land (which is not with RERA); If government is of the opinion that right of civil court will be ousted, then Development Authority must be empowered to refer the issue to Civil Court. Key Details and Objectives Scope: The proposed authority would have specialized jurisdiction over all redevelopment projects, including those initiated by private developers, self-redevelopment schemes by cooperative housing societies (CHS), cluster redevelopment, and Slum Rehabilitation Authority (SRA) projects. Aims: The primary goals are to accelerate project timelines, enhance accountability, and provide regulatory clarity, addressing common challenges like bureaucratic delays, opaque agreements, and litigation that often stall projects. Functions: Streamlined Approvals: Act as a single-window clearance mechanism to facilitate faster project sanctions. Monitoring and Compliance: Monitor project progress using technology-enabled reporting and enforce penalties for undue delays. Dispute Resolution: Serve as a quasi-judicial body to mediate and resolve conflicts between residents, developers, and planning authorities. Standardization: Standardize procedures for project planning, developer selection, and financial approvals Current StatusThe state government has already established a separate Self Redevelopment Authority (SRA, distinct from the Slum Rehabilitation Authority) to specifically promote and expedite projects undertaken by housing societies themselves, appointing a chairman for the new body. The broader, overarching Redevelopment Oversight Authority for all project types is currently in the planning stage, with high-level committees having submitted reports recommending its formation.This initiative is expected to have a significant impact on urban areas like Mumbai and Pune, where aging buildings and high demand make redevelopment a critical part of the urban growth strategy. Maharashtra’s Self-Redevelopment Rules, guided by Government Resolutions (GRs) from 2019 and subsequent amendments, enable housing societies to redevelop buildings over 30 years old, offering benefits like extra Floor Space Index (FSI) and incentives, requiring society ownership, member consent (typically 70%+), appointing experts (PMC, Architect), and securing loans via banks like MDCC Bank, streamlining approvals with a single-window system for transparency, but necessitate adherence to Maharashtra Cooperative Societies Act rules.Key Eligibility & Requirements: Age: Building must be 30+ years old. Ownership: Society must own the land (Conveyance Deed) or have a valid purchase agreement. Registration: Must be registered under the Maharashtra Cooperative Societies Act, 1960. Consent: At least 70% member consent is generally needed for major decisions. Audit: Societies need ‘A’ or ‘B’ audit class for loans. Benefits & Incentives: Extra FSI/TDR: Societies get 10% more FSI/incentive space than usual. Reduced Costs: Lower premiums, taxes, and charges. Single Window: Streamlined approvals via a nodal agency. Process Overview: Formation: Society decides on self-redevelopment. Appointment: Appoint Project Management Consultant (PMC), Architect, Legal Advisor. Approvals: Secure initial permissions (IOD/LOA) at society cost. Loan: Apply to banks like Mumbai […]
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DEEMED CONVEYANCE OR DOOMED CONVEYANCE
Today here we are going to discuss A very important TOPIC Deemed Conveyance. This Article also contains suggestions, and I appeal to the government to consider seriously for benefit of people at large. Deemed Conveyance has become fraud and liberal approach of courts and of law has given full freedom to the Committee, who circumvent law and oppress members after taking blanket consent. Let us first learn the provision: State of Maharashtra – Section 11 in The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 Promoter to convey title, etc., and execute documents, according to agreement. [(1) A promoter shall take all necessary steps to complete his title and convey to the organisation of persons, who take flats, which is registered either as a co-operative society or as a company as aforesaid, or to an association of flat takers [or apartment owners] [Section 11 renumbered as sub-section (1) and sub-sections (2) to (5) were inserted by Maharashtra 4 of 2008, (w.e.f. 25-2-2008), Section 6.] his right, title and interest in the land and building, and execute all relevant documents therefor in accordance with the agreement executed under section 4 and if no period for the execution of the conveyance is agreed upon, he shall execute the conveyance within the prescribed period and also deliver all documents of title relating to the property which may be in his possession or power.] (2) [ It shall be the duty of the promoter to file with the Competent Authority, within the prescribed “‘period, a copy of the conveyance executed by him under sub-section (1). (3) If the promoter fails to execute the conveyance in favour of the co-operative society formed under Section 10 or, as the case may be, the company or the association of apartment owners, as provided by sub-section (1), within the prescribed period, the members of such co-operative society or, as the case may be, the company or the association of apartment owners may, make an application, in writing, to the concerned Competent Authority accompanied by the true copies of the registered agreements for sale, executed with the promoter by each individual member of the society or the company or the association, who have purchased the fiats and all other relevant documents (including the occupation certificate, if any), for issuing a certificate that such society, or as the case may be, company or association, is entitled to have an unilateral deemed conveyance, executed in their favour and to have it registered. (4)The Competent Authority, on receiving such application, within reasonable time and in any case not later than six months, after making such enquiry as deemed necessary and after verifying the authenticity of the documents submitted and after giving the promoter a reasonable opportunity of being heard, on being satisfied that it is a fit case for issuing such certificate, shall issue a certificate to the Sub-Registrar or any other appropriate Registration Officer under the Registration Act, 1908, certifying that it is a fit case for enforcing unilateral execution of conveyance deed conveying the right, title and interest of the promoter in the […]
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Legal Fraud or Ownership Rights? Deemed Conveyance Explained
The concept of deemed conveyance under the Maharashtra Ownership Flats Act (MOFA), 1963, allows housing societies to gain legal ownership of land when builders fail to execute the conveyance deed. This process is crucial for mitigating issues stemming from non-compliance, enabling societies to have control over property and redevelopment despite the complexities of leasehold and fraudulent practices.
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AI AND MEDICAL SCIENCE
INTRODUCTION AI is a blessing for health care. When we are scared of an AI in such an arena if I say it’s a boon then of course I must explain how. In the Western world healthcare is good but the patient has to wait for days or months. While in my Country India, it’s immediate. We just get admission and the next day the patient is operated on. In the West, there is a shortage of human resources. Many countries issue visas for medical and para-medical services with benefits attached. So AI can be a blessing in disguise for the West. Let’s analyze how. FACTS AND TECHNOLOGY In India, for various types of surgeries, doctors are already using robots. These surgeries are complicated like cancer, dental surgeries, stone, spine, etc. These surgeries are affordable because of the use of robots by doctors. It’s called robotic surgery. India is now a medical hub because of its competitive price, availability of doctors, immediate care, and affordability. If AI is brought in, in the medical field many lives can be saved as there will be immediate attention given to the patient. This will help even a person who is going through pain to get early relief. Nowadays there is much discussion on new invention of an AI “eye”. If this EYE is introduced in the medical field then we do not require huge machines like X-rays and MRIs. This will save cost and also space. Especially in metro cities space crunch is always an issue. I understand that this EYE technology will give an instant cause of disease and doctors can treat patients fast. Many patients are scared of huge machines which catch their body in. So this issue of scare will also be resolved. DISCUSSION But with blessings, there are shortcomings too. The question arises when robotic surgery fails. Who is responsible for error done by robots? The hospital? The doctor who was in command of the robot? or the company which designed and activated software and algorithms? Usually, if a surgery is done by a human being a certified licensed surgeon then of course he is liable. But in the case of robotic surgery malfunction maker of the robot company is responsible. Certain fundamental laws are dictums about liability. But it needs to be codified. Certain resolutions are passed by the UN but it is in the nascent stage. CONCLUSION Use technology for the benefit of humankind. As such rockets and bombs are also technology but it’s for destruction. During surgery if the internet signal is lost who is responsible? Well, human race is ready for AI? Surgeries were done even in ancient India. Sushrut Samhita speaks of it. Another question therefore arise is do we need AI? All these questions will be answered with the passage of time. But at present with whatever inventions are there in the market it’s a blessing for humankind. Shruti Desai 17th September 2025
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Redevelopment and Property Rights: Key Insights
Today, we will discuss a very critical issue: redevelopment. Redevelopment involves fundamental rights, Article 300A, Guideline 79A, and managing committees. Before we proceed, I kindly request you to like, subscribe, and share my channel since it is free of cost and the issues discussed here are relevant to the general public. Let’s move forward with redevelopment. Redevelopment is a hot topic, and roughly every third building is undergoing redevelopment. It’s true. Just as in life, according to Hindu scriptures, when we leave our body, our soul enters a new body and takes a new birth, similarly, an old building must be given new life through redevelopment. The first movement for redevelopment started in the Island City of Mumbai because all the old buildings, known as chawls, would get flooded during the monsoon season, and there were no laws to address this. Murli Deora, a senior leader, introduced a law for the redevelopment of dilapidated buildings. This law provided many benefits and initially applied to cess buildings from Churchgate, Colaba to Bandra. Gradually, in 1991, the Development Control Regulations (DCR) were introduced, covering provisions for redevelopment of Mhada lands, slums, army and police headquarters, BMC properties, and housing societies. I have discussed all these in my book, "Commentary on Development Control Regulations 1991," which is now in its 15th edition. Moving past 1991, in 2009, Guideline 79A was introduced for cooperative societies. Most redevelopment projects in Mumbai today are under this guideline. On January 3, 2009, these guidelines mandated that redevelopment projects be prepared by the managing committee. However, many complaints arose, such as managing committees not keeping members informed, lack of transparency, arbitrary appointments, and mismanagement during meetings like AGMs and SGMs. Often, committees behaved as if they were landlords and the flat owners were their tenants or slaves. They even recorded videos but did not share them with the members. When members approached the registrar, orders would take months or even a year, by which time the entire process was often derailed. Another issue was lack of coordination between architects and project consultants, who often worked at cross purposes. Redevelopment projects were prepared without proper planning, and tenders were finalized unfairly. Agreements with developers lacked parity and clarity. After these concerns were raised, the government revised the guidelines through a Government Resolution (GR) on July 4, 2019, under Section 79A of the Maharashtra Cooperative Societies Act, 1960. I will share the link to this GR in the video description so you can read it. The 2019 guidelines state that one-fifth of society members can represent the committee to propose redevelopment, along with submitting schemes and suggestions. Within 8 days of receiving the application, the society must issue a notice for an SGM, which should be held within 14 days, followed by convening AGMs or SGMs. Quotations must be obtained from three architects and project management consultants to assess the viability of the redevelopment project. However, problems persist. Sometimes the committee claims members’ consent without any scheme or decision in place. Is this legal? Often, committees record videos but do not share them with members. Can a committee take a […]
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पुनर्विकास परियोजनाओं के लिए न्यायिक निकाय की आवश्यकता
पुनर्विकास परियोजनाओं के लिए न्यायिक निकाय की आवश्यकता आज हम बात करेंगे एक बहुत क्रिटिकल मुद्दा है रीडवलपमेंट। रीडवलपमेंट फंडामेंटल राइट, आर्टिकल 300 ए, गाइडलाइन 79 ए और मैनेजिंग कमेट। अब हम आगे बढ़ते हैं। उसके पहले मैं आपसे निवेदन करूंगी कि मेरे यह चैनल को लाइक, सब्सक्राइब और शेयर कीजिए क्योंकि यह फ्री ऑफ कॉस्ट है और आपको यह जो है मुद्दे वो आपके जनरल पब्लिक के काम में आते हैं वैसे मुद्दे हैं। चलो आगे बढ़ते हैं हम रीडवलपमेंट में। रीडवलपमेंट एक बहुत हॉट केक है और ये हर एक तीसरा बिल्डिंग रीडवलपमेंट में जा रहा है। सही बात है। जैसे हमारी लाइफ है तो हम यह जैसे हमारे हिंदू शास्त्रों में लिखा है कि हम शरीर छोड़ के हमारा आत्मा नए शरीर में जाता है और नया जन्म लेता है। तो जो इधर है उसको नया जन्म लेना ही पड़ता है। तो वैसे ही अगर बिल्डिंग पुराना हो जाए तो उसको नया बनाना पड़ता है। तो उसके लिए सबसे पहले जो मूवमेंट शुरू हुई थी वो आइलैंड सिटी ऑफ मुंबई से हुई थी क्योंकि सारे के सारे जो पुराने बिल्डिंग्स थे जो चॉल्स थी वो मसून के सीजन में कॉलेज हो जाती थी उसके लिए कोई कानून नहीं थे और मुरली देवरा जो हमारे बहुत वरिष्ठ नेता थे उन्होंने एक कानून लाया और रीडवलपमेंट ऑफ डाई लेपिटेटेड बिल्डिंग्स। तो इसके तहत उन लोगों को काफी सुविधा मिली और यह शुरुआत में जो थी वो सेस बिल्डिंग के लिए थी और वो चर्च गेट्स कुलाबा से लेके बैंड्रा तक एप्लीकेबल थी। धीरे-धीरे 1991 आया जो डीसीआर 1991 डेवलपमेंट कंट्रोल रेगुलेशन 1991 आया और उसके अंदर सारे प्रावधान किए गए। माड़ा की लैंड को रीडवलप कैसे किया जाए? स्लम को कैसे रीडवलप किया जाए? आर्मी वाली जो है पुलिस हेड क्वार्टर्स कैसे डेवलप किया जाए? बीएएमसी की जो प्रॉपर्टीज है उसको कैसे डेवलप किया जाए? और जो हाउसिंग सोसाइटी है उसे कैसे डेवलप किया जाए? यह सारे प्रावधान मैंने अपनी बुक कमेंट्री ऑन डेवलपमेंट कंट्रोल रेगुलेशन 1991 जिसकी 15 एडिशंस आ चुकी है आई थी वो उसके अंदर हमने मैंने डिस्कस किया है। आगे बढ़ते हैं 1991 के बाद क्या हुआ? इसके बाद 2009 के तहत एक 79 ए का गाइडलाइंस आया। यह गाइडलाइंस थी कोऑपरेटिव सोसाइटी क्योंकि मेजरिटी जो रीडवलपमेंट है वह कोऑपरेटिव हाउसिंग सोसाइटी जो अभी लागू होता है पूरे बंबई में और इसके तहत थर्ड जनवरी 2009 में एक गाइडलाइंस आई वो गाइडलाइंस के तहत रीडवलपमेंट के प्रोजेक्ट्स तैयार करने होते थे मैनेजिंग कमेट को इसके अंदर बहुत सारी कंप्लेंट्स आई कि जो मैनेजिंग कमेट है वह रीडवलपमेंट प्रोसेस में मेंबर्स को कॉन्फिडेंस में नहीं लेती। ट्रांसपेरेंसी नहीं है। आर्बिटरी अपॉइंटमेंट्स होती है। बिजनेस जो होता है वह कंडक्टिंग बिजनेस मतलब कि वह चाहे एजीएम हो, एसजीएम हो तो वो लोग सही जवाब नहीं देते हैं। ऐसे करली बिहेव करते हैं जैसे वो लोग जमींदार है और बाकी के जो फ्लैट ओनर्स हैं वो उनके स्लेव्स है, टेनेंट्स हैं। तो ऐसे भी बिहेव करते हैं और वो लोग वीडियो उतारते हैं तो वीडियो वो लोग शेयर नहीं करते हैं मेंबर्स के साथ में क्योंकि वो अपने पास ही रखते हैं। रजिस्ट्रार में जाते हैं तो वो […]
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CAN SUPREME COURT IMPOSE TIME LIMIT UPON PRESIDENT OF INDIA OR GOVERNOR OF STATE FOR SIGNING BILL? DISCUSSION AND SUGGESTIONS.
Background: The Legislature for the State of Tamil Nadu, between 13.01.2020 and 28.04.2023, enacted and forwarded 12 Bills to the Governor for the grant of assent as per Article 200 of the Constitution. Even though the present Governor took charge of the office with effect from 18.11.2021, he did not take the necessary action on any of the said Bills forwarded to his office till October 2023. The State of Tamil Nadu, being aggrieved by the inaction on the part of the Governor, had to ultimately file the present writ petition before Court. The same was filed on 31.10.2023. The State Legislature, on 18.11.2023, convened a special session and repassed the 10 bills which were returned by the Governor after withholding of assent. The bills were passed without any material change and were forwarded to the Governor’s Secretariat on the same day for his assent in accordance with the first proviso to Article 200. This Court, in its order dated 20.11.2023, noted that since the re-passed 10 bills were pending with the Governor, the hearing of the writ petition be adjourned to 01.12.2023 and issued directions that this Court shall be apprised of the progress in the matter. On 28.11.2023, the Governor, without the aid and advice of the Council of Ministers of the State, in exercise of his discretion, reserved the said re-passed Bills for the consideration of the President. The letter of the Governor to the Union Government referring the said Bills for the consideration of the President mentioned that the Bills were re-considered and passed again by the State Legislature. Interestingly, although the Governor noted that the Bills were intra-vires the competence of the State Legislature having been legislated under Entry 66 of List I, Entry 32 of List II and Entry 25 of List III, yet he reserved the said Bills for the consideration of the President in the second round on the ground that the Bills suffered from repugnancy on account of being contrary to Entry 66 of the Union List i.e., List I. These grounds have been taken by the Governor to reserve the 10 Bills for consideration of the President. In the premises Chief Minister asked the Governor to (i) Recall the 10 Bills reserved for the consideration of the President and grant assent expeditiously;(ii) In future, grant assent to Bills passed by the State Legislature within 30 days and avoid unnecessary reservation of the bills for the consideration of the President; (iii) Act in accordance with the aid and advice tendered by the Council of Ministers. Matter went up to the Supreme Court COMMENTS OF AUTHOR Before going into the details of the Judgement, it is not highlighted that even the state government of Tamil Nadu was playing mischief with provisions of the Constitution. Question arises, how? Article 200 of the Constitution provides that if the Bill is returned by the Governor, the State Assembly may re-pass the Bill with or without modification and the Governor cannot withhold the same. (The said Article text is given herein below) Here also, the State Assembly re-passed the Bills without any amendments and without implementing the suggestions […]
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LAW OF PRIVATE DEFENSE
SELF DEFENSE WHY? Nowadays we see violence attack on Hindus, in West Bengal, Jammu and Kashmir and so on. Hindus are submissive by nature and do not believe in violence. Peace is their religion, and inner peace is their yog. But now with increase in violence on Hindus, there is a hot discussion whether we can keep arms with us for self -defence? I feel its just not due to such incidents like Pahalgam but in general, all children must be trained in self-defence from school. It should be compulsory in curriculum. ARMS ACT 1959 So lets start to learn the legal provisions. One cannot keep arms with him/her. Why? Because they are governed by Arms Act 1959. “arms” means articles of any description designed or adapted as weapons for offense or defense, and includes firearms, sharp-edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons; Here we are not talking about ammunition. Which is very dangerous like bombs, rockets, grenades etc. To possess arms, one requires license under Sec 3 of said Arms Act. Certain arms and ammunition are totally prohibited under the said Act. Now let us see which arms are permissible under the law or can say are out of reach of Arms Act. Gun with License, however, certain firearms and ammunition, such as those of .303, 7.62mm, 9mm, and .455 bore, are prohibited and not available for civilian ownership. Pepper Spray is legal in India for self-defence, stun gun, telescopic baton, lipstick stun gun, electroshock weapon, flashlights, red pepper gel spray. Difference between Self-Defense and Private Defense: While self-defense primarily focuses on personal protection, private defense extends to protecting others or one’s belongings. The principles of proportionality and reasonableness in using force also apply to private defense. The right to protect oneself, others, or property from harm or unlawful aggression. The terms “self-defense” and “private defense” are essentially synonymous in Indian law. They refer to the right to use force to protect one’s own body, or the body and property of another, against an immediate threat. While the terms are used interchangeably, “private defence” is sometimes used to encompass a broader range of situations, including defending others or one’s property, in addition to self-defense BNS Act 2023 provides Private Defence as under: RIGHT OF PRIVATE DEFENSE Nothing is an offense which is done in the exercise of the right of private defence. Every person has a right, subject to the restrictions contained in section 37, to defend— (a) his own body, and the body of any other person, against any offence affecting the human body; (b) the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. When an act, which would otherwise […]
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WHETHER COURT HAS POWER TO AMEND THE ARBITRATION AWARD? CAN COURT REVIEW PENDING BILL BEFORE PARLIAMENT?
Recently, this query was referred to 5-Judge Bench of the Supreme Court in the matter of Gayatri Balasamy The facts of the case and the reference points are as under: Gayatri Balasamy vs M/S Isg Novasoft Technologies Limited on 30 April, 2025 This reference to a Bench of five judges is primarily to decide the correctness of the judgment of this Court in Project Director, National Highways No. 45 E and 220 National Highways Authority of India Vs. M. Hakeem and Anr., (2021) 9 SCC 1. In the said judgment, this Court held that while exercising powers under Section 34 of the Arbitration and Conciliation Act, 1996 (‘A&C Act’ for short), a Court hearing the petition had no power to “Modify” the Award. A three- Judge Bench of this Court on 20.02.2024, after noticing that there are decisions of this Court which have either modified the awards of the Arbitral Tribunals or upheld orders challenging modified awards and after observing that an authoritative pronouncement is required on this issue, placed the matter before the Hon’ble Chief Justice for constitution of an appropriate Bench. On 23.01.2025, by an order, this Court directed the matter to be placed before a Constitution Bench and that is how the matter has presented itself. THE FOLLOWING QUESTIONS OF LAW WERE REFERRED TO A LARGER BENCH: “1. Whether, the powers of the Court under Sections 34 and 37 of the Arbitration and Conciliation Act 1996 will include the power to modify an arbitral award? If the power to modify the award is available, whether such power can be exercised only where the award is severable, and a part thereof can be modified? Whether the power to set aside an award under Section 34 of the Act, being a larger power, will include the power to modify an arbitral award and if so, to what extent? Whether the power to modify an award can be read into the power to set aside an award under Section 34 of the Act? Whether the judgment of this Court in Project Director NHAI vs. M. Hakeem (2021) 9 SCC 1, followed in Larsen Air Conditioning and Refrigeration company vs. Union of India, (2023) SCC OnLine SC 982 and SV Samudram vs. State of Karnataka, (2024) SCC OnLine SC 19 lay down the correct law, as other benches of two Judges (in Vedanta Limited vs. Shenzden Shandong Nuclear Power Construction Company Limited, (2019) 11 SCC 465, Oriental Structural Engineers Pvt. Ltd. vs. State of Kerala, (2021) 6 SCC 150 and M.P. Power Generation Co. Ltd. vs. Ansaldo Energia Spa, (2018) 16 SCC 661 and three Judges (in J.C. Budhraja vs. Chairman, Orissa Mining Corporation Ltd. (2008) 2 SCC 444, Tata Hydroelectric Power Supply Co. Ltd. vs. Union of India, (2003) 4 SCC 172 and Shakti Nath vs. Alpha Tiger Cyprus Investment No.3 Ltd., (2020) 11 SCC (a) The Courts exercising power under Section 34 and Courts hearing appeals thereunder have no power to “modify” an award. (b) The power to modify is not a lesser power to that of the power to set aside, as the two operate in separate […]
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Are Governors of States bound by orders of court in India?
CONSTITUTIONAL POWERS OF GOVERNOR IN INDIA Let us first see the provision. Article 154 in Constitution of India Executive power of State (1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. (2) Nothing in this article shall– (a)be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or (b)prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor. Now we go to next Article 175 Right of Governor to address and send messages to the House or Houses (1)The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members. (2)The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration. Assent to Bills When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President: Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the . House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom: Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill. Comments: Do you notice there is no time limit provided within which a Governor has to sign a Bill. Why? Constituent Assembly on Signing of Bill: This issue was discussed in detail in the Constituent Assembly. Following are excerpts A detailed discussion was held in the Constituent Assembly. I reproduce below the excerpt of the discussion and why […]
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