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july 1968

Supreme Court of India · 1968-07-30

STATE OF PUNJAB vs SAT PAL DANG & ORS.

Citation / case number
SC 1968/60175
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
SAT PAL DANG & ORS.
Author
HIDAYATULLAH, M. (),SHAHC.,RAMASWAMI, V.,MITTER, G.K.,GROVER, A.N.
Bench
HIDAYATULLAH, M. (CJ),SHAH, J.C.,RAMASWAMI, V.,MITTER, G.K.,GROVER, A.N.

Judgment text excerpt

The Supreme Court addressed the legality of the prorogation of the Punjab Legislative Assembly by the Governor under Article 174(2)(a) and the subsequent promulgation of the Punjab Legislature (Regulation of Procedure in Relation to Financial Business) Ordinance, 1968. The Court held that the prorogation was valid and took effect on 11th March, rejecting the Speaker's ruling that it occurred on 18th March. The Court established that the Governor's power to promulgate ordinances under Article 213 extends to making laws under Article 209, and that the Speaker's ruling is not final and can be challenged in court. The Court ultimately upheld the validity of the legislative actions taken post-prorogation.

STATE OF PUNJAB vs SAT PAL DANG & ORS. · Niyam