P B SAMANT Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition, it is alleged that the petitioner is an active social worker, and has filed this petition in public interest.

(2.) The central issue involved in this petition is that the constitutional functions of the President of India are to be exercised by the President in his discretion and not by the Council of Ministers. According to the petitioner, the President also enjoys executive powers. Constitutional functions by the President are not conferable on officers under Articles 53 (3) (b) and 258 of the Constitution. According to the petitioner, constitutional powers of the president cannot be exercised by the ministers under 'advice', these powers can only be exercised by the President in his discretion on the 'aid and advice given to him by the Council of Ministers. It is alleged that in the matters of exercise of executive powers of the Union the last word rests generally with, the Council of Ministers and not with the President, though rarely, he can exercise those powers 'directly' under Article 53 (1) of the Constitution.

(3.) The petitioner has prayed that a writ of prohibition, injunction, direction or order be issued against respondent No. 1, union of India, and Ministers, officers, and servants restraining them from exercising any constitutional powers and functions of the president under Articles 3,76, 80 (l) (a) , 124, 155, 217, 263, 316, 324, 338, 356, 358, 360, 370 and 371 of the Constitution, by tendering 'advice'.