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Special Leave Petition UPSC NOTE

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  Why in news.   The bills passed by state legislative assembly of Kerala, is pending with governor without any act. The state government de...

 Why in news.

 

The bills passed by state legislative assembly of Kerala, is pending with governor without any act. The state government decided to sue in the top court.

Special Leave Petition(SLP)

  • SLP is a petition filed in the Supreme Court of India(SC) .

  • SLP Seeks special leave to appeal against a judgment or order of any court or tribunal in the territory of India.

  • The power of the SC to grant special leave to appeal is discretionary.

  • SLP must be filed within 90 days from the date of the judgment or order against which it is filed.

  • SC may grant leave to appeal even after the expiry of the limitation period, if it is satisfied that there is sufficient cause for the delay.

  •  Special Leave Petition will directly seek directives to the Governor to act on the Bills pending before him

  • The State will file an appeal against the High Court verdict dismissing a writ petition, which challenged the Governor’s action of indefinitely holding the Bills passed by the State legislature

  • The Governor has the discretionary power to assent to or withhold assent to a Bill (Article 200) – No time limit to ascent the bill

  • However, the Governor cannot withhold assent to a Money Bill. 

  • The Governor's power to assent to Bills is an important safeguard against the enactment of laws that are against the public interest or that violate the Constitution.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Special Leave Petition UPSC NOTE
Special Leave Petition UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2023/10/special-leave-petition-upsc-note.html
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