Bench
A 5-Judge Bench of the Supreme Court:
- S.P. Bharucha, C.J.
- G.B. Pattanaik, J.
- Y.K. Sabharwal, J.
- Ruma Pal, J.
- Brijesh Kumar, J.
Facts
- J. Jayalalithaa, former Chief Minister of Tamil Nadu, was convicted in two criminal cases related to corruption during her previous tenure (1991–1996).
- She was sentenced to three years of rigorous imprisonment in one case and two years of rigorous imprisonment in another.
- Due to her conviction, she was disqualified from contesting elections under Section 8(3) of the Representation of the People Act, 1951.
- In April 2001, she filed nomination papers for four constituencies in the Tamil Nadu Legislative Assembly elections. However, all four were rejected due to her disqualification.
- Despite this, her party, AIADMK, won a majority in the Assembly elections, and she was sworn in as Chief Minister on May 14, 2001.
- B.R. Kapur filed a petition in the Supreme Court challenging her appointment, arguing that a person who is disqualified from being a legislator cannot be appointed as Chief Minister.
Issues
- Can a person disqualified from being an MLA under Section 8(3) of the Representation of the People Act be appointed as Chief Minister?
- Does the Governor have the power to appoint a disqualified person as Chief Minister?
- Can the court interfere in such an appointment through quo warranto proceedings?
Ratio Decidendi (Legal Principle)
- A person who is disqualified under Section 8(3) of the Representation of the People Act cannot be appointed as Chief Minister.
- Article 164(4) of the Constitution allows a non-legislator to be appointed as a Minister (including Chief Minister) for six months, but only if they are otherwise qualified to become a member of the Legislature.
- Since Jayalalithaa was disqualified from contesting elections, she could not be appointed as Chief Minister even under Article 164(4).
- The Governor’s discretion is subject to constitutional limitations; they cannot appoint a person who is constitutionally barred from holding office.
- The Supreme Court has the authority to issue a writ of quo warranto if a person holds a public office without legal authority.
Observations
- The Constitution does not allow an individual to hold office as Chief Minister if they are disqualified from being a legislator.
- The appointment of a disqualified person violates constitutional principles and the rule of law.
- The Governor must ensure that any person appointed as Chief Minister is qualified under the Constitution.
- The court has the power to intervene when constitutional provisions are violated.
Decision
- The Supreme Court ruled that Jayalalithaa’s appointment as Chief Minister on May 14, 2001, was unconstitutional.
- Her appointment was quashed, and she was removed from office.
- The acts performed by her government from May 14, 2001, to the date of judgment were held valid, to prevent administrative chaos.
Important Terms
1. Article 164(4) (Appointment of Ministers)
- Allows a non-legislator to be appointed as a Minister (including Chief Minister) for six months.
- However, the Supreme Court ruled that this provision does not apply to disqualified persons.
2. Section 8(3) of the Representation of the People Act, 1951
- States that a person convicted of an offence and sentenced to imprisonment for two years or more is disqualified from contesting elections.
- Jayalalithaa’s disqualification under this section prevented her from being appointed as Chief Minister.
3. Writ of Quo Warranto
- A legal challenge questioning the authority of a person holding a public office.
- The Supreme Court ruled that Jayalalithaa’s appointment could be challenged through a writ of quo warranto.
4. Governor’s Discretion in Appointing the Chief Minister
- The Governor must appoint a person who is qualified under the Constitution.
- The Governor cannot appoint a person who is disqualified under the law.
