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S.P. ANAND, INDORE V. H.D. DEVE GOWDA

S.P. Anand, Indore v. H.D. Deve Gowda AIR 1997 SC 272

ISSUE:

  • Whether a person who is not a member of either House of Parliament can be appointed as the Prime Minister of India?

RULE:

  • Article 75(5) of the Constitution of India permits the President of India to appoint a person who is not a member of either House of Parliament as a Minister, including a Prime Minister subject to the possibility of his commanding the support of the majority of members of the Lok Sabha.

FACTS:

  • A writ was filed under Article 32 of the Constitution of India by the Petitioner.
  • It was contended that Shri H.D. Deve Gowda, former Prime Minister of India, not being a member of either House of Parliament, was, under the Constitution, not eligible to be appointed as the Prime Minister of India.
  • It was further contended that Dr. Shanker Dayal Sharma committed a grave and serious Constitutional error in swearing him in as the Prime Minister.

HELD:

  • The Supreme Court held that even if a person is not a member of the House if he has the support and confidence of the House, he can be chosen to head the Council of Ministers without violating the norms of democracy and the requirement of being accountable to the House would ensure the smooth functioning of the democratic process.