AIR 1977 SUPREME COURT 1361 ::1977 3 SCC 592 ::1978 (1) SCJ 78 ::1978 (1) SCR 1

Supreme Court Of India

Hon'ble Judge(s): M. H. Beg, Y. V. Chandrachud, P. N. Bhagwati, P. K. Goswami, A. C. Gupta, N. L. Untwalia, S. Murtaza Fazal Ali , JJJ

(A) Constitution of India , Art.356, Art.355, Art.174— Satisfaction of President under Art. 356 - Power of Court to question such satisfaction - Satisfaction can be based on material other than Governor's report - Second part of Art. 355 covers proclamation under Art. 356 - Direction by Union Government to State Government on matter of dissolution of State Legislature - Legality. (Per Beg C. J.) (Chandrachud, Bhagwati, A. C. Gupta, Goswami, Untwalia and Fazal Ali JJ. generally agreeing with him). The choice between a dissolution and re-election or a retention of the same membership of the legislature or the Government for a certain period could be matter of political expediency and strategy under a democratic system. Under our system, quest of political power, through formation of several political parties, with different socio-economic policies and programmes and ideologies, is legal. Hence, a mere attempt to get more political power for a party, as a means of pursuing the programme of that party, as opposed to that of other parties, is not constitutionally prohibited or per se illegal.(Para 29) Article 356 (1) calls for an assessment of a "situation". In so far as Art. 356 (1) may embrace matters of political and executive policy and expediency courts cannot interfere with these unless and until it is shown wha....