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september 2001

Supreme Court of India · 2001-09-21

B.R. KAPUR vs STATE OF TAMIL NADU

Citation / case number
SC 2001/8973
Court
Supreme Court of India
Petitioner
B.R. KAPUR
Respondent
STATE OF TAMIL NADU
Author
G.B. PATTANAIK,S.P. BHARUCHA, BRIJESH KUMAR,Y.K. SABHARWAL,RUMA PAL
Bench
G.B. PATTANAIK,S.P. BHARUCHA, BRIJESH KUMAR,Y.K. SABHARWAL,RUMA PAL

Judgment text excerpt

The Supreme Court ruled that a non-elected individual, whose nomination for the Legislative Assembly was rejected due to disqualification under Section 8(3) of the Representation of People Act, 1951, cannot be appointed as Chief Minister or Minister under Article 164 of the Constitution. The Court emphasized that while Article 164 does not specify qualifications for such appointments, it does not allow for the appointment of individuals who are disqualified under the Constitution. The judgment clarified that the Governor must adhere to constitutional provisions regarding disqualifications when appointing a Chief Minister, thereby upholding the rule of law.

B.R. KAPUR vs STATE OF TAMIL NADU · Niyam