Advocate | Legal Author
The Supreme Court in “ In Re : The Berubari Union And Exchange of Enclaves : 1960 3 SCR 250” was of the opinion that and Constitution has to be amended under Article 368 to give effect to an agreement between Indian and any other Country in respect of cessation of territory.
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Granting of Bail, whether regular or anticipatory, is a discretionary in nature to a great extent. As yet no comprehensive law has been in existence providing detailed guidelines for bail. There are certain improvements in Bhartiya Nagarik Suraksha Sanhita (BNSS) in respect of procedure of bail, but these improvements are only incremental.
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The Supreme Court in State of Punjab Vs. Principal Secretary to Governor of Punjab ( Writ Petition (Civil) No. 1224/2023 ) held that if the Governor withholds the assent to the Bill under Article 200, the Governor must mandatorily send the bill back for reconsideration to the State Legislature “as soon as possible”.
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The Supreme Court in B. P. Singhal Vs Union of India 2010 (6) SCC 331 held that Governor holds office at pleasure of the President as such President has power to remove Governor without assigning any reason and without any opportunity to show cause but such power can be exercised only for valid and compelling reasons. The Supreme Court also held that the decision to remove governor can be reviewed although on limited grounds.
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The Supreme Court in Krishna Kumar Singh Vs. State of Bihar (2017) 3 SCC 1 reiterated that re-promulgation of ordinance
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