SPECIAL REFERENCE NO.1 OF 2002 (RE GUJARAT ASSEMBLY ELECTION MATTER) (2002) 8 SCC 237
In Special Reference No. 1 of 2002 (Gujarat Assembly Election Matter), the Supreme Court of India held that the Governor's decision to dissolve the Gujarat Legislative Assembly was unconstitutional and arbitrary. The court emphasized that the Governor's discretion under Article 174(2)(b) of the Indian Constitution must be exercised in accordance with democratic principles and not for political expediency. Therefore, the dissolution was set aside, and the Assembly was ordered to be reconstituted immediately, upholding the democratic process and the rule of law.
The Supreme Court of India held that the Governor's decision to dissolve the Gujarat Legislative Assembly was unconstitutional and arbitrary. The court found that the Governor did not follow the established norms and principles in making the decision. The judgment emphasized that the Governor must exercise their discretion in a manner that upholds democratic principles and respects the will of the people.
The court ordered the immediate reconstitution of the Gujarat Legislative Assembly, thereby restoring the democratic process. This judgment reaffirmed the principle that the Governor's powers under Article 174(2)(b) should be exercised judiciously and not as a tool to serve political interests.