ISSUE 1 --In the light of procedural deadlock inArticle 200 and Article 254 of

the Constitution of LaLa Land, can the State Assembly’s powers be read to
allow them to directly refer a bill to the President?
Article 200 –constitution of india

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.

ARTICLE 200 ---gktoday

Article 200 of the Indian Constitution deals with the powers of the Governor with regard to 
assent given to bills passed by the State legislature and other powers of the Governor such as
reserving the bill for the President’s consideration.
Article 200: Provisions
According to Article 200, when a Bill, passed by the Legislature of a State, is presented to the
Governor, he has four options
 He assents to the Bill
 He withholds assent
 He reserves the Bill for the consideration of the President
 He returns the Bill to the Legislature for reconsideration.
The first proviso says that as soon as the Bill is presented to him, he may return the Bill to
the Legislature (if it is not a Money Bill)—(if it’s a money bill it can’t send for
reconsideration ) together with a message requesting the Legislature to reconsider the
Bill.  He can suggest desirability of introducing such amendments or changes as he thinks
appropriate.  If, on such reconsideration, the Bill is passed again, with or without
amendments, and is presented to the Governor for assent, he has to accord his assent. The
second proviso says that if the Bill presented to him derogates(take away from something) ,
 in the opinion of Governor, from the powers of the High Court so as to endanger the position
which the High court is designed to fill by the Constitution, he is bound to reserve the Bill for
the consideration of the President

Article 254—
(1) If any provision of a law made by the Legislature of a State is repugnant to any provision
of a law made by Parliament which Parliament is competent to enact, or to any provision of
an existing law with respect to one of the matters enumerated in the Concurrent List, then,
subject to the provisions of clause (2), the law made by Parliament, whether passed before or
after the law made by the Legislature of such State, or, as the case may be, the existing law,
shall prevail and the law made by the Legislature of the State shall, to the extent of the
repugnancy, be void.

(2) Where a law made by the Legislature of a State 1 *** with respect to one of the matters
enumerated in the Concurrent List contains any provision repugnant to the provisions of an
earlier law made by Parliament or an existing law with respect to that matter, then, the law so
made by the Legislature of such State shall, if it has been reserved for the consideration of the
President and has received his assent, prevail in that State:

Provided that nothing in this clause shall prevent Parliament from enacting any law with
respect to the same matter, including a law adding to, amending, varying or repealing the law
made by the State's Legislature.

Article 254-

Article 254 deals with inconsistency between laws made by Parliament and laws made by the
Legislatures of States. It talks about the doctrine of repugnancy. It involves solving questions
of repugnancy between the Central and the State law. 
Article 254(1): If any legislation enacted by the state legislature is repugnant to the
legislation enacted by the Parliament, then the state legislation will be declared void, and the
legislation enacted by the Parliament will prevail over the former.
Article 254(2):In case of repugnant legislation passed by the state against the Parliament, the
state can enforce the legislation if they receive assent from the President.

Doctrine of repugnancy:
The doctrine of repugnancy is basically when two pieces of legislation have a conflict between them and
when are applied to the same facts but they produce different outcomes or results. When provisions of 2
laws are so contrary and disconfirmed that it becomes difficult to do one without opposing the other, this
is a situation where repugnancy arises. Article 254 of the Indian Constitution establishes successfully the
Doctrine of Repugnancy in India
PETITIONER—LAC (should be no direct reference)

 LaLa Land being a union of diverse states, appointment of Governor is done on their
understanding of regional state of affairs
 A power of direct reference to the President by State Assemblies would completely
dilute the significance of Governor and reduce their roles to passive officers.
 LAC can say that since a repugnant bill needs the president’s assent according to
254(2)….comes from governor. Therefore, governor has a role to play.
RESPONDENT-- STATE OF BHILWARA (should be directly referred)

 maintains that the need for power of direct reference stems from the fact that matters
related to education are part of Concurrent List, and State should have all the
operative power to facilitate the same
 the Governor is a passive presence in any case, since matters of Concurrent List, that
might be repugnant to Central Laws, need Presidential assent and the Governor has no
role to play in the same.
 the States, state-run universities have a right to admit students to undergraduate and
postgraduate medical courses as per their own procedures, beliefs and dispensations
and the same does not violate Part III of the Constitution of Lala Land.
 Mr. boobde –old pmc loyalist –-governor