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Judgment Search Results Home > Cases Phrase: council of ministers constitution of india Page 1 of about 9,186 results (0.069 seconds)

Jan 02 2013 (SC)

State of Gujarat And Anr. Vs. Hon'ble Mr. Justice R.A. Mehta (Retd) An ...

Court : Supreme Court of India

Reported in : 2013(1)SCALE7; 2013(1)SCJ1; 2013(1)KLT46(SN); AIR2013SCW671; AIR2013SC693

..... the leader of the opposition party.3) mr. justice v.m. sahai has recorded his finding as under:however, the chief minister is the head of the council of ministers. article 163 of the constitution of india provides that the council of ministers is to aid and advice the governor in the exercise of all his functions. the exceptions are where the governor under the ..... or not, and takes action in such respect, then he acts in his capacity as governor, under article 163 of the constitution of india and is therefore, bound to act upon the aid and advice of the council of ministers.25. the constitutional provisions hence, clearly provide that the governor does not exercise any power by virtue of his office, in his individual discretion ..... constitution is required to exercise functions in his discretion. therefore, the chief minister as the head of the council of ministers will automatically figure in the ..... 1892, this court held that while dealing with a case under article 192 of the constitution, the governor must act in accordance with advice of the election commission, and that he does not require any aid or advice from the council of ministers. (see also: election commission of india & anr. v. dr. subramanian swamy & anr., air 1996 sc 1810).20. the .....

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Jan 02 2013 (SC)

State of Gujarat and anr. Vs. Hon’ble Mr. Justice R.A. Mehta (Retd) ...

Court : Supreme Court of India

..... the leader of the opposition party.3) mr. justice v.m. sahai has recorded his finding as under:however, the chief minister is the head of the council of ministers. article 163 of the constitution of india provides that the council of ministers is to aid and advice the governor in the exercise of all his functions. the exceptions are where the governor under the ..... or not, and takes action in such respect, then he acts in his capacity as governor, under article 163 of the constitution of india and is therefore, bound to act upon the aid and advice of the council of ministers.25. the constitutional provisions hence, clearly provide that the governor does not exercise any power by virtue of his office, in his individual discretion ..... constitution is required to exercise functions in his discretion. therefore, the chief minister as the head of the council of ministers will automatically figure in the ..... 1892, this court held that while dealing with a case under article 192 of the constitution, the governor must act in accordance with advice of the election commission, and that he does not require any aid or advice from the council of ministers. (see also: election commission of india & anr. v. dr. subramanian swamy & anr., air 1996 sc 1810).20. the .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

..... placed for presidential consideration is premised on the shield provided by article 74(2) of the constitution. article 74 of the constitution of india reads as follows: ?article 74 - council of ministers to aid and advise president [(1) there shall be a council of ministers with the prime minister at the head to aid and advise the president who shall, in the exercise of his ..... ., the supreme court was concerned with the exercise of power by the president of india under article 356 of the constitution of india to issue a proclamation on the aid and advice of the council of ministers declaring emergency under article 356 of the constitution of india with regard to a state government. article 356(1) contains the expression ?presidential satisfaction with regard to ..... no.1 of the list of union territories in schedule i of the constitution of india.118. by virtue of the constitution (sixty-ninth) amendment act, 1991 with effect from 1st february 1992, article 239 aa was inserted in the constitution of india whereby a legislative assembly and a council of ministers would be established for the national capital territory of delhi. clause 7(a ..... where a governor is so appointed, he shall exercise his functions as such administrator independently of his council of ministers. (b) division of powers under the constitution of india 46. the distribution of the power to legislate is provided by article 245 of the constitution which reads as follows: w.p.(c)no.4770/2012 page 22 of 531 ?245. extent of .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... placed for presidential consideration is premised on the shield provided by article 74(2) of the constitution. article 74 of the constitution of india reads as follows: ?article 74 - council of ministers to aid and advise president [(1) there shall be a council of ministers with the prime minister at the head to aid and advise the president who shall, in the exercise of his ..... ., the supreme court was concerned with the exercise of power by the president of india under article 356 of the constitution of india to issue a proclamation on the aid and advice of the council of ministers declaring emergency under article 356 of the constitution of india with regard to a state government. article 356(1) contains the expression ?presidential satisfaction with regard to ..... no.1 of the list of union territories in schedule i of the constitution of india.118. by virtue of the constitution (sixty-ninth) amendment act, 1991 with effect from 1st february 1992, article 239 aa was inserted in the constitution of india whereby a legislative assembly and a council of ministers would be established for the national capital territory of delhi. clause 7(a ..... where a governor is so appointed, he shall exercise his functions as such administrator independently of his council of ministers. (b) division of powers under the constitution of india 46. the distribution of the power to legislate is provided by article 245 of the constitution which reads as follows: w.p.(c)no.4770/2012 page 22 of 531 ?245. extent of .....

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Sep 05 2002 (HC)

Social Action for People's Rights and Anr. Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : AIR2003All250

..... court held that the provisions contained in articles 74 and 75 must be read harmoniously, it held that article 74(1) of the constitution of india, which provided that 'there shall be a council of ministers with the prime minister fit the head to aid and advise the president who shall in the exercise of his functions act in accordance with the said advice ..... would become manifest that unless a state is under president's rule, by virtue of a proclamation issued by the president of india under article 356 of the constitution of india, there shall always be a council of ministers with the chief minister as its head, to aid and advise the governor in exercise of his functions excepting those which he is by or under ..... was breached and the action of the governor of u. p., under article 164(1) of the constitution of india, in appointing ms. mayawati as the chief minister of the council of ministers was ultra vires of the provisions contained in article 164(2) of the constitution of india.4. the learned advocate general, on the other hand, refuting the submission of the 2nd petitioner invited ..... oath or affirmation in terms of article 188 of the constitution of india and the speaker had not been elected as mandated by article 178 of the constitution of india the legislative assembly could not transact business in terms of article 189 of the constitution of india and the constitutional mandate that the council of the ministers was collectively responsible to the legislative assembly of the state .....

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Jul 11 2012 (HC)

Union of India Vs. Central Information Commission and Another

Court : Delhi

Reported in : 2012(3)KLT52(SN)(C.No.52)

..... ground that the provisions of the right to information act, 2005 should be construed in the light of the provisions of the constitution of india; that by virtue of article 74(2) of the constitution of india, the advise tendered by the council of ministers to the president is beyond the judicial inquiry and that the bar as contained in article 74(2) of the ..... query is in the affirmative then undoubtedly what stands exempted under the constitution cannot be called for production by the cic as well. article 74 (2) of the constitution of india is as under: 74. council of ministers to aid and advise president. (1) there shall be a council of ministers with the prime minister at the head to aid and advise the president who shall, in ..... minister in continuation of the advice tendered by the prime minster or the council of ministers to the president of india is not barred. the proposition is not legally tenable and cannot be accepted. the learned counsel for ..... president to the prime minster and consequently by the president to the prime minister or council of ministers. the learned counsel for the respondents also made an illogical proposition that the advice tendered by the council of ministers and the prime minster to the president is barred under article 74(2) of the constitution of india but the advice tendered by the president to the prime .....

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Jan 02 1998 (HC)

D.S.N.V. Prasad Babu and anr. Vs. Union of India and ors.

Court : Andhra Pradesh

Reported in : 1998(1)ALD736; 1998(1)ALT366

..... 1. an event of momentous significance for the nation is sought to be subjected to judicial scrutiny under article 226 of the constitution of india. two advocates practising in this court seek a declaration that the action of the council of ministers in passingthe resolution on 3-12-1997 recommending the dissolution of xi lok sabha as unconstitutional, arbitrary and biased and that all ..... no legal sanctity and is not an advice at all within the contemplation of article 74 of the constitution of india inasmuch the council of ministers resigned even by the date of tendering the advice. the council of ministers, which was continued as an interim-arrangement in the role of a care-taker, has no locus standi to advise the president on such an important ..... petition are non-justiciable, that the power of the president to dissolve the house of the people under article 85 of the constitution admits of no limitations or qualifications and that there is no bar for the council of ministers to advise the president despite the resignation. in any case, it is submitted that the president has taken the decision in the ..... on the ground of lack of bona fides or arbitrariness or irrationality.5. we need not tread into the intricate constitutional questions turning round the justiciabilily of the presidential action and the effectiveness of the advice tendered by the council of ministers donning the robe of caretaker government on an important national issue of dissolution of the house of people. nor is .....

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Jul 06 1993 (HC)

Dalpat Raj Bhandari and anr. Vs. the President of India and ors.

Court : Rajasthan

Reported in : AIR1993Raj194; 1993(3)WLC14

..... has cited u.n.r. rao v. smt. indira gandhi, air 1971 sc 1002, wherein interpreting articles 74(1) and 75(2) and (3) of the constitution of india, it was held that the council of ministers does not cease to hold office even after the dissolution of the house of the people. apparently, the facts of u.n.r. rao's case (supra ..... by the president of india on the recommendation of the then prime minister of india did neither offend nor infringe any fundamental/constitutional right of the appellants or any constitutional mandate. even the respondent no. 4 did not challenge his removal/dismissal. undoubtedly, the prime minister has the prerogative whether to keep or remove any of his colleagues in the cabinet/council of ministers. as mentioned earlier in ..... the principles of collective responsibility of the council of ministers, that he had allegedly written a forged letter and levelled corruption charges against his colleagues and failed to submit any proof thereof despite opportunity and that he had also accused the prime minister in an interview given to illustrated weekly. the appellants contended that the constitution of india does not provide any specific method for .....

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Sep 22 1994 (HC)

Dr. Subramanian Swamy Vs. Deciding Authority and Others

Court : Chennai

Reported in : 1995CriLJ3380

..... , 1988 is also justiciable. according to him the governor while acting as deciding authority exercises his discretion under article 163 of the constitution of india. in other words he is not acting on the aid and advise of the council of ministers. he adds that the charges referred to by him in his petition dated 2-11-1993 are not frivolous and the deciding ..... different and totally inapplicable while considering the scope of article 361 of the constitution of india. it has to be remembered that the president when he acts under article 356 of the constitution of india is assisted by the aid and advice of the council of ministers under article 74 of the constitution of india. i have already held that such actions of the president or the governor ..... (1) of the constitution of india.3. after giving my careful consideration to the rival submissions i have absolutely no doubt in my mind that the ..... discretion. he points out the difference between article 74 and article 163 of the constitution of india, and says that article 361 of the constitution of india gives immunity to the governor while he acts at his own discretion. where he acts on the aid and advise of the council of ministers, his actions may be questionable by resorting to the second proviso to article 361 .....

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Jun 16 1969 (HC)

Puranlal Lakhanpal Vs. Dr. P.C. Ghosh and ors.

Court : Kolkata

Reported in : AIR1970Cal118,74CWN228

..... 4, 1967 in respect of the various members of the council of ministers.' the main ground upon which this petition was founded was thatthe governor had no power under article 164 of the constitution of india to dismiss the previous council of ministers, on the ground that they had ceased to lose the support of the majority of the legislative ..... minister, and asked for a writ of quo warranto 'quashing the warrant of their appointment dated november 21, 1967 and december ..... . mitra, j. dated february 6, 1968 by which the petition brought by the appellant under article 226 of the constitution was dismissed in limine. in that petition, the petitioner challenged the title of respondents 1 to 11 to constitute and to act as the council of ministers for the state of west bengal headed by respondent no. 1, p.c. ghosh as the chief ..... assembly of this state, -- as a result of which vacancy was created for the appointment of respondents 1 to 11 as thesucceeding council of ministers. this application was contested by the respondents .....

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