JANAK RAJJAI Vs. H D DEVE GOWDA

JUDGEMENT

(1.) The petitioner had filed a writ petition in the Delhi High court being cwp No. 2408 of 1996 challenging the appointment of Shri H. D. Deve gowda as the Prime Minister of India on the ground that his appointment was not legal and proper since he was not a Member of either House of parliament. Since the writ petition was dismissed by the High court, the petitioner has come before us by way of the present special leave petition.

(2.) A similar contention was urged before us in a writ petition filed under article 32 of the Constitution of India by S. P. Anand. By our judgment and order in that matter, being S. P. Anand v. H. D. Deve Gowda , we have given detailed reasons for rejecting the petition. The basic question which is posed by the present petitioner is the same - Can a person who is not a Member of either House of Parliament be sworn in as the Prime Minister of India after comparing in detail Articles 74 and 75 of the Constitution with articles 163 and 164 of the Constitution, it has been observed in the above judgment as follows:

(3.) Dealing with the British convention that the Prime Minister should be a Member of either House, preferably the House of Commons, it has been observed therein that this is not our constitutional scheme since our constitution clearly permits a non-Member to be appointed a Chief Minister or a Prime Minister for a short duration of six months. That is why in such cases when there is any doubt in the mind of the President, he normally asks the person appointed to seek a vote of confidence of the House of the People within a few days of his appointment. The contentions which have been urged by the petitioner, therefore, do not survive in the light of this judgment.