Bench
A 2-Judge Bench of the Supreme Court:
- A.M. Ahmadi, C.J.
- Sujata V. Manohar, J.
Facts
- H.D. Deve Gowda was appointed as the Prime Minister of India in 1996, even though he was not a member of either House of Parliament at the time of appointment.
- The petitioner, S.P. Anand, challenged this appointment, arguing that only a sitting member of Parliament can be appointed as the Prime Minister.
- The petition contended that the President of India made a constitutional error in swearing in H.D. Deve Gowda as Prime Minister, as this action allegedly violated Articles 14, 21, and 75 of the Constitution.
- The petitioner sought a writ under Article 32, requesting that the appointment be declared unconstitutional.
Issues
- Can a person who is not a member of either House of Parliament be appointed as the Prime Minister of India?
- Does such an appointment violate Articles 14, 21, or 75 of the Constitution?
- Does Article 75(5) permit a non-member to be appointed as Prime Minister for a temporary period?
Ratio Decidendi (Legal Principle)
- Article 75(5) of the Constitution permits the appointment of a person as a Minister, including the Prime Minister, even if they are not a member of either House of Parliament.
- However, such a person must get elected to either the Lok Sabha or Rajya Sabha within six months, failing which they must step down.
- The Prime Minister and other Ministers are accountable to Parliament, not directly to the electorate, and their legitimacy comes from commanding the confidence of the Lok Sabha.
- The President has the discretion to appoint a Prime Minister who is not a member of Parliament, provided they are likely to secure a majority in the House.
Observations
- The Supreme Court noted that the framers of the Constitution deliberately included Article 75(5) to allow for such appointments.
- A similar provision exists at the state level in Article 164(4), which allows a non-member to be appointed as a Chief Minister.
- The Prime Minister is not directly elected by the people; rather, they are chosen by the elected representatives in the Lok Sabha.
- The only requirement is that they secure a seat in Parliament within six months.
- The Court also held that there was no violation of Article 14 (Right to Equality) or Article 21 (Right to Life), as the appointment followed constitutional provisions.
Decision
- The Supreme Court dismissed the petition and upheld the validity of H.D. Deve Gowda’s appointment as Prime Minister.
- The Court ruled that a non-member of Parliament can be appointed as the Prime Minister, provided they get elected to either House within six months.
- The President acted within constitutional limits while appointing Deve Gowda.
- There was no violation of fundamental rights under Articles 14 or 21.
Important Terms
1. Article 75(5) (Appointment of Ministers)
- Allows a person who is not a member of either House of Parliament to be appointed as a Minister (including the Prime Minister) for a maximum of six months.
- If they fail to get elected within six months, they must vacate the position.
2. Article 14 (Right to Equality)
- The petitioner argued that appointing a non-member as Prime Minister violated Article 14, as it discriminated against other members of Parliament.
- The Court rejected this claim, stating that the Constitution itself provides for such an appointment.
3. Article 21 (Right to Life and Personal Liberty)
- The petitioner tried to argue that the appointment affected citizens’ rights to democratic governance, but the Court ruled that there was no direct violation of Article 21.
4. Article 32 (Right to Constitutional Remedies)
- This article allows citizens to approach the Supreme Court directly if their fundamental rights are violated.
- The Court held that no fundamental right was violated in this case.
5. Parliamentary System of Government
- The Prime Minister is not directly elected by the people but is appointed by the President based on the confidence of the Lok Sabha.
- The Council of Ministers is collectively responsible to Parliament, ensuring accountability.
