Supreme Court · 1971 INSC 82 · Decided 17 March 1971
U. N. R. Rao v. SMT. Indira Gandhi
- Court
- Supreme Court of India
- Citation
- 1971 INSC 82 · [1971] SUPP. 1 S.C.R. 46
- Case number
- CIVIL APPEAL No. 196/1971
- Decided
- 17 March 1971
- Bench
- S.M. SIKRI, G.K. MITTER, K.S. HEGDE, A.N. GROVER, P. JAGANMOHAN REDDY (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 74(1), 75(3), 85(2)
Headnote
Constitution of India, 1950, Arts. 74(1) and 75(3)-House ~t People dissolved-If Prime Minister ceases to hold office. The House of the People was dissolved by the President of lndia on 27th December 1970. On the question whether the respondent, whe was the Prime Minister before the dissolution, There is nothing in the Constitution and in particular in Art. 75(3) ~·hich renders the respondent functioning as Prime Minister contrary to the Constitution. The Indian Constitution establishes a Parliamentary system of Gov­ ernment with a Cabinet. and not a Presidential form. Article
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