...1. Heard the petitioner appearing in person. 2. The Karnataka Legislative Assembly has 225 members. As of today, according to the case of the petitioner, there ..., the Chairpersons of various Boards and Corporations will have to be treated as Honble Ministers. He submits that if the number of such Chairpersons of the said Boards and Corporations is taken i.... Merely because salary and other perquisites which are admissible to the post of Honble Ministers are provided to the Chairpersons, they cannot become Honble Ministers. The nature of the powers w...

...Order1. The petitioner has filed this petition under Article 32 of the Constitution praying for the issue of a writ in the natu...contends more pointedly in this case that after the amendment of Article 173 of the Constitution by the Constitution (Sixteenth) Amendment Act, 1963, it is not open to ...member of the Legislature take the oath prescribed by the Third Schedule as required by Article 188 of the Constitution but that even before standing for election, a candidate mu...

...concerned during the term of the House. (See S.R Chaudhuri v. State of Punjab (2001) 7 S...appointments are not invalid on account of the de facto doctrine. The Ministers so appointed did not suffer from any disqualification regarding their appointment and consequently these Ministers continue to remain in office...select Ministers form (sic) such persons than to nominate them from outside the Legislature. The amendment was negatived.”Article 144(3) of the Draft ...

...judgment of the High Court dismissing the writ petition in limine.2. Since the meaningful question involved in this appeal revolves around the ambit and scope of ....”6. Before proceeding to deal with the interpretation of the article and consideration of various precedents, it would be useful to take note of ...corresponds to Article 164(4) of the Constitution reads...

...Minister for the State of………..and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.”8. In ...the Constitution of India, the Chief Minister is to be appointed by the Governor and other Ministers are to be appointed by him on the advice of the Chief Minister. ..., does not violate the oath of office and secrecy as provided for in III Schedule appended to the Constitution of India. In any event, having regard to the express provisions con...

...from the prohibitions contained in Articles 102 and 179 of the Constitution and the conviction under the 1951 Act, the relevant stage in trial needs to be introduced to the phras...limitation was read into Article 368 to save the constitutional integrity and identity.63. In B.R Kapur case (2001) 7 SCC 231, the Constitution Bench ruled that a non-legislator can be m...to become a Member in view of Article 173, he cannot be appointed as a Chief Minister under Article 164(1). Be it noted, there was disqualification in the Constitution and under the 1951 ...

...State Legislature on the date of his appointment. His appointment was challenged in the High Court by way of a writ petition filed under Article 226 of the Constitution. ...taking his seat shall a member of legislature take the oath prescribed by the Third Schedule as required by Article 188 of the Constitution but that even before standing for election a ca...to Article 164(1) except that in the case of the latter, the two clauses have been combined into one. The proviso to Article 164(1) which is special to States, is not to...

...justify the illegal appointments that were made by virtue of the 2012 Act.9. Before proceeding to deal with the submissions made on either side, it is necessary to take note ...) of the Constitution of India provides that the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advi...three entries because of the authority contained in Articles 164(5), 186, 194, 195 etc. Therefore, any interpretation on legislative power sought to be given to these entries which is not contemplated by the corres...

...S.M Sikri, C.J— In this appeal by certificate granted by the High Court under Article 132 of the Constitution a short question as to the interpretation of clause (...Pradesh Legislative Assembly, filed a petition under Article 226 of the Constitution in the High Court challenging the appointment of the respondent as Chief Minister. ...there is no warrant in the language of the article. He further says that even in England a person can be a Minister without being a Member of the House of Commons or the House ...

..., We shall deal with that matter at the end. We have heard Sri Har Sharan Varma, who has argued the writ petition himself.4. Sri Har Sharan Varma has contended that the Constitution does nowhere prov...exercise his function or any of them in his discretion. Clause (1) of Article 164 of the Constitution then proceeds to lay down that the Chief Minister...by the Governor and the other Ministers shall be appointed by the Governor on the advise of the Chief Minister, and the Ministers shall hold office during the pleasure ...

...Council of Ministers.50. It may be a matter of coincidence that at that time, the period of six months envisaged under Article 164 of the ...herein solely on the ground that the respondent, at the time of filing his nomination paper being not above the age of 25 years as mandatorily required under Article 173(b) of ...various grounds are raised for release of the accused from custody, and, thus, such a plea cannot be taken seriously for debarring a person as contemplated under Article 173(b) of the Constitution...

...Governor on the advice of the Chief Minister under Article 164 of the Constitution of Indi...the office during the pleasure of the Governor. The wordings in the Article 164 are clear answers to the petitioner's prayer in the writ petition....India clearly provides that the Ministers shall hold office during the pleasure of the Governor. Exercise of this pleasure has not been fettered by any condition or constriction or restriction. ...

...Government or any local authority.4. Learned counsel for the petitioner alleged that in view of Section 9 of the aforesaid Act person, who is a M.L.A has a right to be a member that is no doubt corre...challenged the motion of no confidence against her. Petitioner was elected as a Chairman of Nagar Panchayat, Maghar, Sant Kabir Nagar.3. There are 15 members of Nagar Panchayat and it is...alleged that in the meeting of no confidence motion only 9 members attended the meeting and all 9 members voted against the petitioner. Hence it is contended by the learned counsel for the petitio...

...aforesaid three writ petitions. The impugned action is pleaded as to be in conformity with the Constitution. The Petitioners' allegation that the appointment of the Parliamentary Secretar...the continued inclusion of the Parliamentary Secretary in the Schedule to the Act is not in violation of any provisions of the Constitution, it is contended. ...is indicated, to point out that some of the matters from a couple of other States are still pending before Their Lordships of the Supreme Court. Be that as it may, apart from the law laid by ...

...some of the matters from a couple of other States are still pending before Their Lordships of the Supreme Court. Be that as it may, apart from the law laid by the Hon'ble Supreme Court in...the Constitution provides inter alia that the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advise ...Minister by the Governor in terms of Article 164(1) of the Constitution. xxx xxx xxx" 2. We have read the allegations in this app...

....5 of 2016 16.08.2017 In this petition, the petitioner has questioned the validity of the Meghalaya Parliamentary Secretaries (Appo...and is also violative of the requirements of Articles 154, 162 and 246 of the Constitution of India; and further, with the submissions that the law making power ...to take up this matter for consideration after counter affidavit/s from these official respondents. After filing of such counter affidavit/s, the submissions were made before this Court about the...

...the different Ministers who are also specified in that regard.2. Writ Petition (PIL) No. 119 of 2016 is filed seeking that the appointment of the aforesaid persons as Parliamentary Secretary...conformity with the Constitution. The Petitioners' allegation that the appointment of the Parliamentary Secretaries result in infraction of Article 164..., is refuted. The inclusion of the Parliamentary Secretaries in the Schedule to the 1967 Act had never been under challenge and the continued inclusion of the Parliamentary Secre...

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...under Section 73 of the Representation of the People Act, 1951 (hereafter ‘the Act’). Under Article 164 of the Constitution of India a Chief Minister c...Section 73 of the Act relating to the new Legislative Assembly was issued by the Election Commission of India on 24th May, 1982. The new Legislative Assembly in the State of Hary...shall hold office during the pleasure of the Governor.(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State....

...Litigation), under Article 226 of the Constitution of India with a prayer that this court be pleased to declare ...No. 2 in person for the petitioners and Mr. S.C Misra, learned Advocate General of the State of U.P for the respondent (State of U.P). The main submission of petitioner No. 2 is ...advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor”, is subject to the provisions contained in Article ...