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march 2010

Supreme Court of India · 2010-03-29

Ramdas Athawale vs Union Of India & Ors

Citation / case number
AIR 2010 SUPREME COURT 1310
Court
Supreme Court of India
Petitioner
Ramdas Athawale
Respondent
Union Of India & Ors
Author
B. Sudershan Reddy
Bench
P. Sathasivam, B. Sudershan Reddy, R.V. Raveendran, S.H. Kapadia, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court held that the proceedings of the Lok Sabha commencing on 29th January 2004 were a continuation of the Winter Session that had adjourned on 23rd December 2003, and thus did not require a new address by the President under Article 87(1) of the Constitution. The Court clarified that the term 'first Session' in Article 87 refers to a new Session, not the resumption of an adjourned one. Consequently, the writ petition challenging the constitutionality of the proceedings was dismissed, affirming the legality of the Lok Sabha's actions.

Ramdas Athawale vs Union Of India & Ors · Niyam