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.