Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2017

Supreme Court of India · 2017-07-26

BIMOLANGSHU ROY(DEAD)THROUGH LRS. vs STATE OF ASSAM .

Citation / case number
SC 2006/60278
Court
Supreme Court of India
Petitioner
BIMOLANGSHU ROY(DEAD)THROUGH LRS.
Respondent
STATE OF ASSAM .
Author
HON'BLE MR. JUSTICE J. CHELAMESWAR
Bench
HON'BLE MR. JUSTICE J. CHELAMESWAR, HON'BLE MR. JUSTICE R.K. AGRAWAL, HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

Judgment text excerpt

The Supreme Court examined the constitutional validity of the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004, in light of Article 164(1A) of the Constitution, which limits the size of the Council of Ministers to 15% of the Legislative Assembly's strength. The Court held that the Act contravenes the constitutional mandate by allowing the appointment of Parliamentary Secretaries, which effectively increases the number of ministers beyond the stipulated limit. Consequently, the Act was declared unconstitutional and void.

BIMOLANGSHU ROY(DEAD)THROUGH LRS. vs STATE OF ASSAM . · Niyam