Supreme Court of India · 1974-08-23
SHAMSHER SINGH & ANR vs STATE OF PUNJAB
- Citation / case number
- SC 1970/60052
- Court
- Supreme Court of India
- Petitioner
- SHAMSHER SINGH & ANR
- Respondent
- STATE OF PUNJAB
- Bench
- RAY, A.N. (CJ),PALEKAR, D.G.,MATHEW, KUTTYIL KURIEN,CHANDRACHUD, Y.V. & ALAGIRISWAMI, A.,BHAGWATI, P.N. & KRISHNAIYER, V.R.
Judgment text excerpt
The Supreme Court held that the decision in Sardari Lal’s case, which stated that the President must be personally satisfied to exercise executive powers, is overruled. The Court clarified that both the President and the Governor act on the aid and advice of their respective councils of Ministers, except in matters where discretion is constitutionally mandated. The Court emphasized that the termination of services without personal satisfaction does not violate Article 311, as the Governor's actions are not solely personal but can be executed through the council of Ministers.