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State Of Karnataka vs Union Of India & Another on 8 November, 1977 cites

State Of Rajasthan & Ors. Etc. Etc vs Union Of India Etc. Etc on 6 May, 1977

On the preliminary objection as to the maintainability of the suit, I prefer to adhere to the view which I took in State of Rejasthan v. Union of India, where a similar objection was raised by the Union Government to the suits filed by the State of Rajasthan and certain other States under article 131 of the Constitution, challenging a directive of the Union Home Minister advising the dissolution of State Assemblies. I have had the benefit of perusing the Judgment prepared by brother Untwalia on behalf of himself and Brethren Shinghal and JaswantSingh in which they have taken the view that the Commission of Inquiry set- up by the Central Government is not against the State or the State Government but is against an individual minister or ministers and since the setting up of the Commission does not involve any invasion of the legal rights of the State or the State Government, the suit is not maintainable under article 131 at the instance of the State of Karnataka. I am free to confess that I have considerably profited by the judgment of my learned Brethren because their point of view, with, respect, is not to be overlooked simply because I have already expressed a contrary opinion in an earlier decision. But having given a fresh and closer thought to the problem in the light of the view expressed by them and a fuller argument advanced in this case by the learned Additional Solicitor-General, I am inclined to the opinion that even taking a strictly legalistic view of the matter, the preliminary objection to the maintainability of the suit ought to be rejected.
Supreme Court of India Cites 116 - Cited by 294 - M H Beg - Full Document
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