K.B. NAGUR M.D. (AYU.) versus UNION OF INDIA

Citation: [2012] 1 S.C.R. 1023 · Decided: 24-02-2012 · Supreme Court of India · Bench: S.H. KAPADIA

Judgment (excerpt)

[2012] 1 S.C.R. 1023 
K.B. NAGUR M.D. (AYU.) 
v. 
UNION OF INDIA 
(Writ Petition (Civil) No. 33 of 2009) 
FEBRUARY 24, 2012 
[S.H. KAPADIA, CJI, A.K. PATNAIK AND 
SWATANTER KUMAR, JJ.] 
CONSTITUTION OF IND/A, 1950: 
Arts. 14 and 16 - Held: The concept of equality has to 
A 
B 
c 
be patently infringed by a provision before that provision or 
any part thereof, can be declared as unconstitutional - The 
mere fact that there is some inconvenience arising from the 
language of a provision and its due implementation cannot 
0 
be a ground for declaring a provision violative of fundamental 
rights - Besides, presumption of constitutionality is always in 
favour of a legislation, unless the contrary is shown - For the 
proper interpretation and examination of a provision of a 
statute, all bodies must be presumed to act effectively and in 
E 
accordance with law - In the instant case, s. 7 of the Indian 
Medicine Central Council Act, 1970, is neither ultra vires nor 
violative of Arts. 14 and/or 16 - Indian Medicine Central 
Council Act, 1970 - s. 7. 
IND/AN MEDICINE CENTRAL COUNCIL ACT, 1970: 
F 
ss.3(1)(a)(b), 4 and 7 - CentraJ Council of Indian 
Medicine - Term of office of the members and other office 
bearers - Held: Is five years - Elections are expected to be 
held within the said 
period of five years to ensure that G 
immediately after expiry of the specific term, the members 
holding the office quit and the newly elected members 
assume charge - To extend beyond a regular term the tenure 
of members, would not only be impermissible in Jaw but would 
also be illegal. 
1023 
H 
1024 
SUPREME COURT REPORTS 
[2012] 1 S.C.R. 
A 
s. 7 - Continuance by members of Central Council of 
Indian Medicine after expiry of specified period of 5 years -
Clause, "or until his successor shall have been duly elected 
or nominated, whichever is longer" - Connotation of - Held: 
The clause has been provided to protect a situation where 
B elections cannot be held within the prescribed time for valid 
reasons - Since no outer limit has been specified by the 
Legislature for which such previously elected members can 
continue in office, the concept of reasonable time would come 
into play - Courts in the process of interpretation can supply 
c the lacuna - Thus, a period of three months would be sufficient 
for completing the election process, if the fresh election could 
not be held within the five years' term of office of previously 
elected members - No elected person shall hold the office of 
President, Vice President or Member beyond the period of 
three months from the expiry of his term - s. 7 or any part 
D thereof is neither ultra vires nor violative of Arts. 14 and/or 16 
of the Constitution - Constitution of India, 1950 - Arts. 14 and 
16 - Maxim, 'ut res valeat potws quam pereat' - Applicability 
of. 
E 
ss.3, 4 and 7 - Central Council of Indian Medicine -
Obligations of Central Government - Held: Central 
Government has a major role to play in the constitution, 
establishment and activities of the Council - It is expected of 
the Central Government to discharge its functions and duties 
F without failure and on time - It is the obligation of Central 
Government to hold election to the Central Council before 
expiry of the term of the Members and other office bearers of 
the Council as provided u/s 7 - Judicial notice. 
The petitioner, an Ayurvedic doctor, filed the instant 
G writ petition in public interest alleging that elections to the 
Central Council of Indian Medicines were not held for the 
last 20-25 years. It was stated that as per s.7 of the Indian 
Medicine Central Council Act 1970, though the term of 
members of the Council was five years from the date of 
H election/nomination, the latter part of the section 
K.B. NAGUR M.D. (AYU.) v. UNION OF INDIA 
1025 
stipulating, "or until a successor shall have been duly A 
elected or nominated, whichever is longer", caused 
serious impediment in the proper functioning of the 
Council; that the Central Government did not take proper 
steps to hold fresh elections and the persons who had 
been elected, took advantage of the provision and 
B 
continued in office far beyond five years as nobody was 
duly elected to replace them. It was, therefore, prayed, 
inter alia, that the Union of India be directed to hold 
elections to the Council and that the last clause of s.7 of 
the Act as pointed out, be struck down. During the c 
pendency of the writ petitions some other cases st

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