Supreme Court of India · 1981-12-28
A. K. ROY, ETC. vs UNION OF INDIA AND ANR.
- Citation / case number
- SC 1980/63302
- Court
- Supreme Court of India
- Petitioner
- A. K. ROY, ETC.
- Respondent
- UNION OF INDIA AND ANR.
- Author
- CHANDRACHUD, Y.V. ((),BHAGWATI, P.N.,GUPTA, A.C.,TULZAPURKAR, V.D.,DESAI, D.A.
- Bench
- CHANDRACHUD, Y.V. ((CJ),BHAGWATI, P.N.,GUPTA, A.C.,TULZAPURKAR, V.D.,DESAI, D.A.
Judgment text excerpt
The Supreme Court held that the power of the President to issue an ordinance under Article 123 of the Constitution is a legislative power, not an executive one. The Court clarified that this power is essential for the peace and good governance of the country, allowing for urgent legislative action when Parliament cannot convene. The validity of the National Security Ordinance was upheld, and the Court ruled that the petitioner, detained under this ordinance, was entitled to legal representation before the Advisory Board as per the principles of natural justice.