Committees Are Not Courts: Bombay High Court Draws the Line
STOP PLAYING JUDGE: HOUSING SOCIETIES CANNOT DECIDE TITLE An interesting case came up before the Bombay High Court, where aforesaid issue was argued and decided. Facts of the case are as under: The dispute concerns ownership of Flat No. 31 in a Malad housing society in Mumbai. The flat was purchased around 1969–70 by Ramlal Dhanuka using his own funds but was registered jointly in his name and Pannadevi (wife of his son D. R. Dhanuka). Ramlal had three sons—D. R. Dhanuka, K. R. Dhanuka, and Radheshyam Dhanuka (Respondent No. 4)—who later occupied different flats bought by him. After Ramlal and his wife died in 1989, the sons became legal heirs. In 2007, Pannadevi filed a suit claiming exclusive ownership of the disputed flat and denying any rights of Radheshyam. She died in 2008, and her legal heirs continued the case. Meanwhile, an order was passed restraining the housing society from transferring or dealing with the flat’s membership rights until the suit is decided. Core issue: Whether the flat belongs exclusively to Pannadevi or forms part of the family property. Now let us see the arguments of the Petitioner: the Society argued that Respondent No. 4 wrongly applied for transfer of membership instead of transmission after the member’s death and failed to follow mandatory procedures under Bye-Law 35, including public notice and verification of legal heirs, while also submitting an incomplete application. It also argued that there are disputes among heirs; society further contended that the Divisional Joint Registrar lacked jurisdiction to hear a revision against the Deputy Registrar’s order, but the Court rejected this, holding that cooperative societies only perform limited administrative roles (not deciding ownership, as noted in Usha Jhaveri vs State of Maharashtra) and that revisional authority remains valid despite delegation of powers, thereby upholding the legality of such review. Respondent member argued that: After the earlier suit concerning the flat was unconditionally withdrawn in 2012, clearing disputes over title, Respondent No. 4 applied for membership as a legal heir, but the society failed to decide his application, leading him to seek deemed membership and later file a revision; he argued that the society had effectively recognized him by accepting maintenance charges and that minor defects in the application form should not defeat his substantive claim of succession, while also relying on lack of opposition from key family members, whereas the petitioners contended that multiple heirs existed and the application was invalid due to incorrect form and procedure; the Court, however, emphasized that substance prevails over form, held that the application was essentially for transmission based on inheritance despite technical errors, found that the alleged disputes among heirs were not strong enough to justify inaction, and rejected the jurisdictional objection, thereby supporting the validity of the revisional proceedings and Respondent No. 4’s claim being considered. It was held by the Bombay High Court that: the dispute before the society was not about ownership/title, but merely about recognition of membership after the death of a member, making it an issue of internal administration rather than adjudication of property rights. It emphasized that Section 30 of the Maharashtra Cooperative […]
Read more
“Can Sons Restrain a Mother from Transferring Property? A Legal Analysis under Hindu Law”
CAN SONS FILE SUIT AGAINST MOTHER (HINDU) FOR STAY AGAINST TRANSFER OF SHARES / PROPERTY HELD BY MOTHER IN A FAMILY PROPERTY/ PRIVATE COMPANY ABSOLUTELY TO DAUGHTER? Hindu law prohibits dowry. But dowry is given in one form or another. Hindu Law after 2004 amendment gave equal right to married daughter in father’s property. View of Author Equal property rights for married daughters are an important step toward fairness and gender equality. However, in some families this can also create tensions in relationships. After marriage, daughters may be influenced by their husband or in-laws, and when disputes over property arise, disagreements can escalate into legal battles or serious family conflicts. While the intention behind laws like the Hindu Succession (Amendment) Act, 2005 is to ensure justice and equal rights, the practical implementation sometimes leads to strained family ties when expectations about property are unclear or contested. In such situations, disagreements over inheritance may even end up in court or cause long-lasting rifts within families. Therefore, along with legal equality, maintaining open communication, clear property planning, and mutual understanding within families is important to prevent conflicts and preserve relationships. Law makers must prevent this situation resulting into strained relationships. Broken relations makes society psychologically weaker. Continue… with article… Let us see Section 14 of the Hindu Succession Act 1956. Property of a female Hindu to be her absolute property.―(1)Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.―In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. (2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property. If the shares are the mother’s self-acquired property (bought by her or gifted to her), she has absolute authority to transfer them to anyone she wishes, and the sons have no legal standing to stop her during her lifetime. Section 5 of the said Act provides for exception: Act not to apply to certain properties. ―This Act shall not apply to― (i) any property succession to which is regulated by the Indian Succession Act, 1925 ( 39 of 1925), by reason of the provisions contained in section 21 of the Special Marriage Act, 1954 (43 of 1954); (ii) any estate which descends to a single heir by the terms of any covenant or agreement entered […]
Read more
The Jungle, the Fairy, and the Ballot Box
“The Fairy and the Freebie: How Easy Comfort Weakens a Nation” As soon as Election comes every political party starts disbursing money to the voters. Some offer monthly Rs.70,000/- some offer. The taxpayer is a mute spectator. I will tell you story of a Jungle. The Story of the Jungle Once upon a time, there was a beautiful jungle where all the animals lived peacefully. They worked hard to find their food by hunting and gathering. They shared with one another and cared for each other. The jungle was full of love, cooperation, and happiness. All the animals helped one another and took responsibility for their lives. They were strong, active, and independent. One day, a fairy came to the jungle. She had a magic wand. By waving her wand, she started giving food and water to all the animals and birds. At first, everyone was happy. But slowly, the animals became lazy. Since food was easily available, they stopped working and hunting. They spent most of their time sleeping and eating. Over time, they even found it difficult to walk and run because they were no longer active. After a few months, a hunter entered the jungle. He began hunting the animals recklessly. Earlier, the animals were brave and skilled at escaping or fighting back. But now, because they were weak and lazy, many of them were easily caught in traps. Many animals were hunted. Fear spread throughout the jungle. The King of the Jungle called a meeting. All the animals gathered and discussed what had gone wrong. They realized that the fairy had been sent by the hunter to make them weak and dependent. Because of her magic, they had lost their strength and alertness. They decided to send the fairy away from the jungle. After the fairy was deported, the animals slowly returned to their old habits. They started working hard again, hunting, sharing, and taking care of one another. Soon, the jungle became peaceful and happy once more. Moral of the Story Easy comfort can make us weak. Hard work and self-reliance make us strong. ____________________________________________________________ Freebies and Constitution The legality of election “freebies” in India hinges on balancing Directive Principles (social welfare) with fiscal responsibility under the Constitution. While critics argue they constitute bribery and misuse public funds (violating Art. 266, 282), the Supreme Court in The S. Subramaniam Balaji v. Government of Tamil Nadu (2013) case is a landmark Supreme Court of India judgment regarding electoral freebies. The Court ruled that pre-poll promises in election manifestos do not constitute a “corrupt practice” under Section 123 of the Representation of People Act, 1951, as they are part of a party’s agenda, not individual bribery. The judgment established a distinction between election promises for public welfare and the direct bribery of voters. However, it has been criticized for failing to curb the growing culture of “freebie politics” that threatens state finances. Latest View of Supreme Court: TAMIL NADU POWER DISTRIBUTION CORPORATION LIMITED Vs UNION OF INDIA | W.P.(C) No. 158/2026 Currently the view of Supreme Court has changed its view. In the above matter CJI Suryakant said […]
Read more
“RERA in India: Repeal or Reform?
SHOULD RERA BE REPEALED? Why we are discussing this topic? The Supreme Court in THE STATE OF HIMACHAL PRADESH vs. NARESH SHARMA| SLP(C) No. 005835 – / 2026 CJI Surya Kant said It is high time that all the states should revisit and rethink constituting this authority,” The CJI further remarked that the RERA was not doing any other services except to facilitate builders in default. Let’s study pros and Cons. RERA is useful and effective: The Real Estate (Regulation and Development) Act, 2016 (RERA) brings accountability, transparency, and efficiency to the Indian real estate sector, primarily protecting homebuyers. Key benefits include mandatory project registration, standardized carpet area definitions, 70% of funds kept in an escrow account to prevent diversion, guaranteed timely delivery, and a 5-year defect liability period. Major Positive Points of RERA: Transparency and Disclosure: Promoters must disclose project plans, layout, land title status, and timeline on the RERA website, giving buyers access to verified information. Protection of Funds: Developers are required to deposit 70% of all project funds into a dedicated bank account, ensuring money is only used for that specific project, reducing insolvency risk. Standardized Carpet Area: RERA eliminates confusion by defining “carpet area” clearly, ensuring buyers pay only for the actual usable space, not for common areas or super built-up areas. Builders were selling units/galas/flats even on Super Built Up basis. Timely Delivery and Penalties: Projects must be completed on time. If a developer delays possession, they are liable to pay interest on the amount paid by the buyer, matching the interest rate for buyer default. Defect Liability Period: Builders are responsible for rectifying any structural defects or quality issues reported within 5 years of possession at no extra cost. Reduced Fraud and Misleading Ads: All advertising must adhere to the registered project details. False promises or misleading marketing can lead to penalties. Redressal Mechanism: RERA authorities provide a fast-track, organized, and legal mechanism for settling disputes between buyers, developers, and agents. Consent for Changes: Developers cannot change plans or structure without the consent of two-thirds of the homebuyers. Concluding Notes: RERA has significantly improved buyer confidence, increased project efficiency, and bYes—**before the introduction of RERA in India**, this kind of malpractice was unfortunately quite common in the real estate sector. ROLE OF REAL ESTATE REGULATORY AUTHORITY (INDIA) Before RERA came into force (around 2016–2017), there was no strong centralized regulator, which allowed many builders to exploit buyers. What Used to Happen Before RERA Blank or Incomplete Agreements Builders often made buyers sign blank or partially filled agreements Later, terms were changed without the buyer’s consent. Buyers had little legal protection. Multiple Sales of the Same Flat. Blank document was signed and genuine buyer in possession was not aware of the same. Some builders sold **one flat to 5–10 people** using: Duplicate allotment letters Fake agreements Backdated documents Especially common when buyers paid in cash or instalments. Mix of Investors and Loan Buyers: Builder was taking loans from investors in cash against blank agreement. Such funds were cash. Investors were given early “soft bookings” without registration. Genuine buyers took bank loans […]
Read more
CRITICAL ROLE OF TITLE CLEARANCE IN REDEVELOPMENT
In a redevelopment project, it is highly recommended to verify and clear the property’s title first before formally deciding on and appointing a builder. While a builder can be tentatively selected (e.g., via a Letter of Intent or a resolution in a Special General Body Meeting), formalizing the development agreement and starting the actual project activities (like demolition or construction) without a clear and marketable title creates significant legal and financial risks. Why Title Clearance is Crucial First Legal Requirement: For a builder to obtain necessary municipal approvals and a Commencement Certificate (CC) to begin construction, the society must generally have a clear and marketable title to the land. This is often achieved through a registered conveyance deed or “deemed conveyance”. Risk Mitigation: Unclear land titles are a common source of delays and litigation in redevelopment projects. Title disputes can halt the project indefinitely, leaving both the builder and the society members in a precarious situation (e.g., displaced and without their new homes). Financial Safeguard: A clear title ensures the project is legally sound and makes it easier for the builder to secure project financing and for future buyers in the free-sale component to get home loans. This financial stability is a key factor in a project’s success. Transparency and Trust: Conducting thorough legal due diligence, including title verification, at an early stage demonstrates transparency and helps build trust between the society members and the chosen developer. Recommended Order of Operations (General Steps) Initial Decisions & Structural Audit: The society discusses redevelopment and conducts a structural audit to determine feasibility. Appoint Professionals: An architect/Project Management Consultant (PMC) and a legal advisor are appointed to guide the process. Title Verification/Conveyance: The society’s legal team conducts comprehensive title verification and works to obtain a clear conveyance deed or deemed conveyance for the property. Builder Selection: Once the title is confirmed, a transparent tendering process is used to select a reputable builder with a proven track record, financial stability, and relevant experience. Formal Agreements: A detailed Development Agreement (DA) and individual Permanent Alternate Accommodation Agreements (PAAA) are meticulously drafted, vetted by legal experts, and registered. Project Commencement: The builder then seeks the required approvals (IOD, CC, etc.) and begins construction. Prioritizing title clearance helps safeguard the interests of all stakeholders and ensures a smoother, legally compliant redevelopment process. HOW FAR A CERTIFICATE OF TITLE BY A SOLICITOR/ ADVOCATE IS SIGNIFICANT? In Ramniklal Tulsidas Kotak And Others vs Varsha Builders And Others on 26 August, 1991 Equivalent citations: AIR1992BOM62, AIR 1992 BOMBAY 62, (1993) MAH LJ 323, (1992) 2 BANKCAS 441, (1992) 2 BOM CR 492 “(1) A Certificate of Title need not necessarily be unconditional or unqualified. It can be qualified to the limited extent of the implied statutory exception contained in Section 3(2)(b) of the Maharashtra Ownerships Flats Act, 1963, as interpreted above. The Format of the Certificate of Title prescribed by the rules is mandatory, subject only to a limited scope for adaptability as explained in the judgment. A qualified certificate of title must furnish all relevant information as set out in paragraph 19 of this judgment. (2) The Promoter must […]
Read more
Ownerless Property and State Claims: Bona Vacantia, Escheat, and Evacuee Property in India and Beyond
In India, Bona Vacantia (meaning “ownerless goods”) is the legal doctrine where property without a rightful owner reverts to the State. This principle is primarily codified under Article 296 of the Constitution of India. CONSTITUTIONAL FRAMEWORK (ARTICLE 296) Article 296 dictates how unclaimed property is distributed between the Union and the States: Vesting in States: Property located within a State that lacks a rightful owner (due to escheat, lapse, or bona vacantia) vests in that particular State Government. Vesting in the Union: Property located outside any State (such as in Union Territories) or property that was under the control of the Central Government at the time it became ownerless vests in the Union Government. It reads as under: Article 296 in Constitution of India Property accruing by escheat or lapse or as bona vacantia Subject as hereinafter provided any property in the territory of India which, if this Constitution had not come into operation, would have accrued to His Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in such State, and shall, in any other case, vest in the Union: Provided that any property which at the date when it would have so accrued to His Majesty or to the Ruler of an Indian State was in the possession or under the control of the Government of India or the Government of a State shall, according as the purposes for which it was then used or held were purposes of the Union or a State, vest in the Union or in that State. Explanation. –In the article, the expressions “Ruler” and “Indian Slate” have the same meanings as in article 363. Article 363 in Constitution of India provides as under: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. (1) Notwithstanding anything in this Constitution but subject to the provisions of article 143, neither the Supreme Court nor any other court shall have jurisdiction in any dispute arising out of any provision of a treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this Constitution by any Ruler of an Indian State and to which the Government was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this Constitution relating to any such treaty, agreement, covenant, engagement, sanad or other similar instrument. (2) In this article— (a)”Indian State” means any territory recognised before the commencement of this Constitution by his Majesty or the Government of the Dominion of India as being such a State; and (b)”Ruler” includes the Prince, Chief or other person recognised before such commencement by his Majesty or the Government of the Dominion of India as the Ruler of any Indian State. How and when it works: When property is identified as ownerless, […]
Read more
Understanding Bill No 193: Reforming Inheritance Laws in India
Government of India has proposed to delete Sec 213 from Indian Succession Act 1925. It was learnet that Probate is optional for all others except Hindus,Jain,Sikh and Baudh. To have parity under Constitution it was proposed in 2008 by 209th Law Commission to delete the said provision. Present Government is now implementing the same. For details and consequences read the blog
Read more
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 […]
Read more
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 […]
Read more
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 […]
Read more