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HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
P.V.Jeevesh – Appellant
Versus
The Union of India through the Cabinet Secretary – Respondent
| Table of Content |
|---|
| 1. foundational democratic principles and legislative representation. (Para 2 , 3 , 4 , 10) |
| 2. governor's constitutional obligations and the necessity of timely action on bills. (Para 5 , 6 , 9 , 11 , 12) |
| 3. court's observations on governor's discretion and public apprehensions regarding legislative functioning. (Para 8 , 15 , 27) |
| 4. ratio on the exercise of discretion under constitutional authority. (Para 17 , 24 , 25) |
JUDGMENT
S. Manikumar, CJ
Instant public interest writ petition is filed by one Mr. P.V.Jeevesh, a practicing Advocate, seeking for the following reliefs:
(i) Declare that the actions of the Hon'ble Governor in withholding the bills indefinitely, without exercising the discretionary powers under Article 200 of the Constitution of India are contumacious, arbitrary, despotic and antithetical to the democratic values, ideals of the Cabinet form of Government, and principles of democratic Constitutionalism and federalism;
(ii) Declare that the Hon'ble Governor has no power to withhold the bills ad infinitum;
(iii) Declare that the Hon'ble Governor has the Constitutional obligation under Article 200 of the Constitution of India to exercise the discretionary p
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