JANAGANAVADI BHARAT Vs. GOVT OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri K.C. Sinha, learned counsel for the Central Government.

(2.) The prayer in this petition is that once a person is appointed as Prime Minister or Minister in the Central Government he has to vacate his seat in Parliament.

(3.) We cannot accept this contention. Under our Constitution we have followed the Parliamentary system of democracy as in England, and not the President system as in the United States of America. In England a Minister has also to be a Member of Parliament, whereas in America a member of the U.S. Congress (the Parliament of America) cannot be a member of the President's Cabinet. Thus there is strict separation of powers in America but there is no strict separation of powers in England. We have followed the British system and not the American system under our Constitution.