LexSTATE OF RAJASTHAN & ORS. ETC. ETC. versus UNION OF INDIA ETC. ETC.
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STATE OF RAJASTHAN & ORS. ETC. ETC.
v.
UNION OF INDIA ETC. ETC.
May 6, 1977
I
(M. H. BEG, C.J., Y. V.
CHANDRACHUD, P. N. BHAGWATI, P. K.
GoSWAMI, A. C. GUPTA, N. L. UNTWALIA AND
S. MuRTAzA FAzAL ALI, JJ.]
Comtitution of India, 1950, Articles 131, 256, 257-Advice
by
Home
Minister, Union oj India to Chief Minister of State dated 184-1977 to recom..
mend under Art. 163 to the Governor to dissolve Ugislative Assenzbly under
Art. 174(2)(b).-Nature of the advice, whether any relief as prayed for in
the suits and petitioM can be J!ranted.
Doctrine of Rough Mparation of powers-Nature of-Duty of the court
retardint questions involving
policy
matters
and
constitutional inuu-
Constilution of /Mia, 1950, Article 131.
PreJidenfa satisfaction under Art. 356-Whether such a satisfaction ca~
be based only on Gov~rnor's report-Power of court to question such Ml~
faction-Second part of Art. 355 covers Proclamation .under .Article 356-
Direction by Unicr; Government under Articles 256, 251 to the State Gover1'-
1nent to recommend to the Governor to dissolve the State Legislature, whether
such a direction is unconstitutional, illegal and ultra vires--Constitution of
India, 1950, Articles 74, 163, 174, 255, 256, 257, 355 and 356(1)(a).
Words and phrase3-"State" whether means "State Governmen('-Consti~
tutzon of India, 1950, Article 367 read with General Clauses Act. 1897.
Constitution of India, 1950, Article 131-Whether powers of the Supreme
Court to grant relief under Art. 131 are restricted to "declaratory judgmentl'.
A
B
c
D
Constitution of India, 1950, Articles 19(1)(/), 31 and 32, 195 and 356-
Rqhts of Members of A.Jiemblie.r to
draw their salary under Art. 195-
Nature of-Whethe1· as a consequence of the threatened dl!KJlution of Ugi&-
E
lative Assembly 01 the Proclamation
under Art. 356(1)
dissolvint
States
A..rse,mplies the rights guaranteed to the petitioners/ Legislators are violated.
In;unction-Ptrmanent/temporary iniunctior>-Order XXXIX C.l'.C. reai
with Order XLVII of the Supreme
Court Rules 1966-Whether a
proper
relief iri a suit challenging a proclamation under Art. 356.
Constitution of India, 1950, Articles 95, 131, maintainability of a suit under
Art. 131 and the writ petitions under Article 32--Constitution of India, Art.
356(1) st:ope and ambit of the power of the President.
Under Article 74(1) of the Consti~ution "there shall be a
Council ol
Ministers to aid anct. advise the President in the exercise of his functiona".
Under Article 163 of the Constitution there shall be a Council of Ministe"'
with the Chief Minister at the head to aid and advise the Governor of a State
in the exercise of his functions, except imofar as by or tinder the Constitution
required to exen..ise his functions or any of them in his discretion. Botlt
under Art. 74 and Art. 163 the question whether any, and if so what, advice
was tendered by the Council of Ministel'!' to the President /Governor 1hall
not be inquired into in any court. Under Article 174(2) (b), the Governe><
may from time tv time dissolve the Legislative Assembly. Under
Article
172(1) a Legislative Assembly of "a State, unless sooner dissolved, shall conti-
nue for six years from the date appointed for its meetin& and no longer and
the expiration of the said period of six yean shall operate as a dissolution
of the Assembly.
Articles 256 & 257 enjoin that the executive powers of the
Union shall extend to the giving of such directions to a State u may appear
to the Government of India to be necessary for that purpose. Under Art.
355, "it shall be the duty of the Union to ensure that the Government of
evecy State is carried on in accordance with the pro-Visions of tho Conatit.-
tion." Article 356 empowers the President to assume to himself all or any
of the fut:ictions of th~ Government of the State and all or any of the powers
F
G
A
B
c
D
E
F
G
H
2
SUPREMB COURT REPORTS
[1978] 1 $.C.R.
vested in or exerciaablc by the Governor or any body or any authority in the
State other than (he Legislature of the State, if on receipt of a report from
the Governor of a State or otherwise, is satisfied that a situation has arisen m
which the Government of the State cannot be carried on in accordance with
the provibions of the Constitution. Under sub-section (5) of Art. 356 "not-
withstanding anything in the Constitution, the satisfaction of the President in
clause (I ) shall be final and conclusive aExcerpt shown. Read the full judgment & AI analysis in Lexace.