H N NANJEGOUDA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India to:

(2.) The petition is filed on behalf of the citizens of the State of Karnataka alleging that a situation has arisen in which the Government cannot be run in accordance with the provisions of the Constitution on account of the fact that there is no Council of Ministers worth the name as contemplated under Articles 163 and 164 of the Constitution of India to aid and advise the Governor in the exercise of his functions inasmuch as there is complete disharmony amongst the members thereof and there is complete lack of collective responsibility by the Members of the Cabinet and is opposed to all principles of democracy which is a basis structure of the Constitution.

(3.) To impress upon me that the duty discharged by the Counsel of Ministers as contemplated under Article 163 of the Constitution is a collective responsibility, several text-books such as The British Cabinet System by Arthur Berriedale Keith; The British Cabinet by John P. Machintosh; The British Constitution and Politics by J. Harvey and L. Bather; Cabinet Government by Sir Ivor Jennings and Walter Bagehot and the English Constitution were referred to.