P.ANAND V. H. D. DEVE GOWDA (1996) 6 SCC 734
FACTS
In this case, the respondent was not a member of either House of Parliament and was appointed as the Prime Minister of India. The petitioner contended that his appointment as Prime Minister was not in accordance with the eligibility criteria and that the President of India had made a serious constitutional error by swearing him in as the Prime Minister. The petitioner argued that this action by the President violated Articles 14, 21, and 75 of the Constitution and should be declared void ab initio through an appropriate writ issued under Article 32 of the Constitution.
ISSUES:
- Whether a person who is not a member of either House of the State Legislature could be appointed as a Minister of State?
JUDGEMENT:
- The court noted that the petitioner's allegations lacked coherence and were presented in a disjointed manner. The petition appeared to be hastily prepared and contained unsubstantiated and irrelevant assertions on a wide range of topics. The court emphasized that the President is constitutionally bound to act on the advice of the Council of Ministers and, in case of any reservations, may ask the Council to reconsider its recommendation. Unless there are compelling reasons to the contrary, the President is required to adhere to the recommendations of the Council of Ministers as a whole and not follow the advice of any individual minister.
- In summary, the court dismissed the petitioner's contentions and upheld the President's action in appointing H.D. Deve Gowda as Prime Minister based on the recommendation of the Council of Ministers.