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Showing contexts for: removal of speaker in Dr. K.C. Malhotra vs The Chancellor, H.P. University, ... on 4 July, 1994Matching Fragments
(1992) 4 SCC 605 : (AIR 1993 SC 1407), Krishna Swami v. Union of India, has been cited on behalf of the petitioner to find support for the arguments that the order of the present nature which is being assailed in the present petition, in order to be a valid has to be based with reasons. In this behalf, the following observations made in para 47 of the aforesaid ruling, according to the petitioner are noteworthy. (Para 46 at p 1424 of AIR).
"In this light the question emerges whether the decision of the Speaker to admit the motion to remove the Judge moved by requisite number of members of the House of People is amenable to judicial review. Undoubtedly, in a parliamentary democracy governed by rule of law, any action, decision or order of any statutory/ public authority functionary must be founded upon reasons stated in the order or starting from the record. Reasons are the links between the material, the foundation for their erection and the actual conclusions. They would also demonstrate how the mind of the maker was activated and actuated and their rational nexus and synthesis with the facts considered and the conclusions reached. Lest it would be arbitrary, unfair and unjust, violating Article 14 or unfair procedure offending Article 21. ......."