Supreme Court of India · 1977-05-06
STATE OF RAJASTHAN & ORS. ETC. ETC. vs UNION OF INDIA ETC. ETC.
- Citation / case number
- SC 1977/61848
- Court
- Supreme Court of India
- Petitioner
- STATE OF RAJASTHAN & ORS. ETC. ETC.
- Respondent
- UNION OF INDIA ETC. ETC.
- Bench
- BEG, M. HAMEEDULLAH (CJ),CHANDRACHUD, Y.V.,BHAGWATI, P.N.,GOSWAMI, P.K. & GUPTA, A.C.,FAZALALI, S.M. & UNTWALIA, N.L.
Judgment text excerpt
The Supreme Court held that under Article 74(1) and Article 163, the advice given by the Council of Ministers to the President or Governor is not subject to judicial inquiry. The Court clarified that the Governor has the authority to dissolve the Legislative Assembly under Article 174(2)(b), and such dissolution is not unconstitutional or illegal. The Court also addressed the maintainability of suits under Article 131 and writ petitions under Article 32 concerning the rights of legislators, affirming that the powers of the Supreme Court under Article 131 are not limited to declaratory judgments.