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Landmark Cases on Executive Powers

The document outlines landmark cases related to the Union and State Executives, as well as the Union and State Legislatures in India. Key rulings include the Supreme Court's affirmation that the Governor acts on the advice of the Council of Ministers, the limitations on the President's power to remove Governors, and the Parliament's ability to amend the Constitution without altering its basic structure. Additionally, the document discusses the Supreme Court's stance on nationalization and preventive detention laws, emphasizing the need for safeguards against arbitrary actions.

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30 views2 pages

Landmark Cases on Executive Powers

The document outlines landmark cases related to the Union and State Executives, as well as the Union and State Legislatures in India. Key rulings include the Supreme Court's affirmation that the Governor acts on the advice of the Council of Ministers, the limitations on the President's power to remove Governors, and the Parliament's ability to amend the Constitution without altering its basic structure. Additionally, the document discusses the Supreme Court's stance on nationalization and preventive detention laws, emphasizing the need for safeguards against arbitrary actions.

Uploaded by

susmitha182005
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Landmark cases for 1&2 units

1. Union Executive

1.1 Samsher Singh v. State of Punjab (1974)

Facts: The appellant was dismissed from his position in Punjab Civil Services. He
challenged his dismissal, arguing that it was not personally decided by the Governor but
by the Chief Minister and Council of Ministers.

Issue: Whether the Governor has discretionary powers in the appointment and
dismissal of civil servants.

Judgment: The Supreme Court held that the Governor is the constitutional head, and his
executive functions are exercised by the Council of Ministers. He must act on their
advice, except where discretion is explicitly granted by the Constitution.

1.2 Rameshwar Prasad v. Union of India (2006)

Facts: The Bihar Assembly was dissolved by the Governor before the formation of a
government, leading to a constitutional crisis. The dissolution was challenged.

Issue: Whether the Governor’s decision to dissolve the Assembly was constitutional.

Judgment: The Supreme Court ruled that the Governor acted beyond his constitutional
powers. The dissolution of the Assembly was unconstitutional as there was no material
evidence of a breakdown of constitutional machinery.

2. State Executive

2.1 B.P. Singhal v. Union of India (2010)

Facts: The case challenged the arbitrary removal of Governors by the Union
Government.

Issue: Whether the Union Government can remove Governors at will.

Judgment: The Supreme Court ruled that while the President has the power to remove a
Governor, it cannot be done arbitrarily without valid reasons.

2.2 Maru Ram v. Union of India (1980)

Facts: A group of convicts challenged the President’s power to grant pardons under
Article 72, arguing that it was being misused.

Issue: Whether the President’s power under Article 72 is absolute.

Judgment: The Supreme Court held that the President’s power is not absolute and must
be exercised on the aid and advice of the Council of Ministers.
3. Union Legislature

3.1 Keshavananda Bharati v. State of Kerala (1973)

Facts: The Parliament amended the Constitution to limit judicial review powers. This
was challenged as a violation of fundamental rights.

Issue: Whether Parliament has unlimited power to amend the Constitution.

Judgment: The Supreme Court ruled that Parliament can amend the Constitution but
cannot alter its basic structure.

3.2 R.C. Cooper v. Union of India (1970)

Facts: The government nationalized 14 private banks, and this was challenged as a
violation of the right to property.

Issue: Whether nationalization violated fundamental rights.

Judgment: The Supreme Court struck down the law, ruling that it violated the right to
property and was not a reasonable restriction.

4. State Legislature

4.1 State of Karnataka v. Union of India (1977)

Facts: The Union Government set up a commission to inquire into corruption


allegations against the Karnataka Chief Minister. Karnataka challenged this.

Issue: Whether the Union Government can interfere in a State’s affairs.

Judgment: The Supreme Court ruled that the Union Government cannot interfere with
the functioning of a State Legislature unless there is a constitutional breakdown.

4.2 A.K. Roy v. Union of India (1982)

Facts: The National Security Act, 1980, which allowed preventive detention without
trial, was challenged.

Issue: Whether preventive detention laws violate fundamental rights.

Judgment: The Supreme Court upheld the Act but directed that safeguards must be
provided to prevent arbitrary detention.

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