Skip to content


Thiru K.N. Rajgopal Vs. Thiru M. Karunanidhi and ors. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1971SC1551; (1972)4SCC733
ActsConstitution of India - Articles 75(3), 155, 164(2) and 356
AppellantThiru K.N. Rajgopal
RespondentThiru M. Karunanidhi and ors.
Cases ReferredU. N. R. Rao v. Smt. Indira Gandhi
Excerpt:
.....356. article 164(2), which provides that the council of ministers shall be collectively responsible to the legislative assembly of the state has to be read in the same manner as we have read article 75(3). following our reasoning in that appeal this appeal must fail......machinery within article 356. article 164(2), which provides that the council of ministers shall be collectively responsible to the legislative assembly of the state has to be read in the same manner as we have read article 75(3). following our reasoning in that appeal this appeal must fail. in the result the appeal is dismissed but with no order as to costs.
Judgment:

Sikri, C.J.

1. We have just delivered judgment in U. N. R. Rao v. Smt. Indira Gandhi, Civil Appl. No. 196 of 1971, D/-17-3-1971 : : AIR1971SC1002 . A similar question arises in this appeal, but with respect to the Chief Minister and the Ministers of the State of Tamil Nadu. The relevant articles are worded similarly. The only difference is that the Governor is not elected but he is appointed by the President under Article 155 of the Constitution and Article 356 of the Constitution makes provisions in case of failure of Constitutional machinery in the State. But when an assembly is dissolved there is no failure of the Constitutional machinery within Article 356. Article 164(2), which provides that the Council of Ministers shall be collectively responsible to the Legislative Assembly of the State has to be read in the same manner as we have read Article 75(3). Following our reasoning in that appeal this appeal must fail. In the result the appeal is dismissed but with no order as to costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //