M.P. SPL. POLICE ESTABLISHMENT vs STATE OF M.P. .

The Supreme Court addressed whether the Governor can grant sanction for prosecution of Ministers under the Prevention of Corruption Act, 1983 and the Indian Penal Code against the aid and advice of the Council of Ministers. The Court held that the Governor cannot act in his discretion contrary to the Council's advice, affirming the High Court's ruling that the doctrine of necessity does not apply in this context. The judgment clarified the limits of the Governor's powers under Article 163 of the Constitution of India, emphasizing adherence to the Council of Ministers' recommendations.