RAM RAKH VYAS Vs. ATAL BEHARI VAJPAYEE

JUDGEMENT

(1.) HAVING heard Mr. M. C. , Bhoot at length and after considering the constitutional provisions relating to issues involved in this case, I am of the opinion that the issues raised are of far reaching constitutional importance. They also involve serious consideration of the respective sphere of jurisdiction of judiciary and the legislative wing of the State. Slightest lack of mature consideration on either side has also got the potentiality of sparking a controversy between the above two wings of the State as happened in Uttar Pradesh in 1964 in Keshav Singh's case.

(2.) THE precedents are not many and the decision is likely to be of far reaching consequences both in the sphere of Constitutional Law and may have some repercussions in the sphere of International Law too. THE stakes being too high, there arises necessity of a comprehensive detailed consideration of them by a larger Bench of this Court. I have therefore come to the conclusion, that I should not embark upon the uphill and difficult task of finally deciding these serious Constitutional matters sitting alone. This case may therefore be put up before Hon'ble the Chief Justice for the constitution of a larger Bench for the consideration and authoritative decision on the issues involved in this case. It would be for the Hon'ble Chief Justice to constitute either the special Bench of all the Judges of this court or lesser number of Judges as he may deem proper. It would again be for Hon'ble the Chief Justice, either to direct that Bench to decide only the important points which I am hereafter mentioning in this order of reference; or to direct that the entire writ application would be considered and decided by that Bench.

(3.) NOW coming back to the merits, Vajpayee's removal is being sought on the precise ground that by the above disclosures, he has violated the oath of secrecy taken as Minister of the Central Cabinet under Article 75 (4) of the Constitution.