ISSUE:
Is granting sanction for prosecuting the Ministers a function which could be exercised by the Governor “at his discretion” within the meaning of these words as used in Article 163 of the Constitution of India?
RULE:
The Governor cannot act at his discretion there would be a complete breakdown of the rule of law since it would then be open for Governments to refuse sanction despite overwhelming material showing that a prima facie case is made out.
It would then lead to a situation where people in power may break the law with impunity safe in the knowledge that they will not be prosecuted as the requisite sanction will not be granted.