1971 JTR(SC) 194
1971 AIR(SC) 1551 ; 1972 4 SCC 733 ; 1971 1 SCWR 931 ; 1971 UJ 499 ; 1971 KHC 764
SUPREME COURT OF INDIA
S.M. SIKRI, C.J.I., G.K. MITTER, K.S. HEGDE, A.N. GROVER AND P. JAGANMOHAN REDDY, JJ.
Thiru K. N. Rajgopal, Appellant
Versus
Thiru M. Karunanidhi and others, Respondents.
Civil Appeal No. 186 of 1971, D/17-3-1971.
Act Referred :CONSTITUTION OF INDIA : Art.163, Art.164
COUNCIL OF MINISTERS—EFFECT OF DISSOLUTION OF ASSEMBLY - COLLECTIVE RESPONSIBILITY OF COUNCIL OF MINISTERS TO STATE LEGISLATIVE ASSEMBLY IS IN THE SAME MANNER AS IN ARTICLE 75 (3)
-held council of Ministers does not cease to hold office even on dissolution of Assembly of State.
-held council of Ministers does not cease to hold office even on dissolution of Assembly of State.
Judgment
SIKRI CJI.:- We have just delivered judgment in U. N. R. Rao v. Smt. Indira Gandhi, Civil Appl. No. 196 of 1971, D/- 17-3-1971. A similar question arises in this appeal, but with new 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.
Appeal dismissed.
For Citation : AIR 1971 SC 1551=(1971) U.J. (SC) 499.
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