Supreme Court of India · 2004-11-05
Madhya Pradesh Special Police ... vs State Of Madhya Pradesh & Ors
- Citation / case number
- AIR 2005 SUPREME COURT 325
- Court
- Supreme Court of India
- Petitioner
- Madhya Pradesh Special Police ...
- Respondent
- State Of Madhya Pradesh & Ors
- Author
- S. N. Variava
- Bench
- N. Santosh Hegde, S. N. Variava, B. P. Singh, H. K. Sema, S. B. Sinha
Judgment text excerpt
The Supreme Court addressed whether the Governor can grant sanction for prosecution of Ministers under the Prevention of Corruption Act against the aid and advice of the Council of Ministers. The Court held that the Governor's discretion is limited and must align with the Council's advice, as per Article 163 of the Constitution of India. The Court upheld the High Court's decision that the Governor acted beyond his authority in granting sanction, thereby dismissing the appeals.