Anil Kumar Jha v. Union of India (2005) 3 SCC 150
Tabassum Jahan
November 20, 20241 min read0 views
Case Summary
| Citation | Anil Kumar Jha v. Union of India (2005) 3 SCC 150 |
| Keywords | |
| Facts | In this case, the Jharkhand governor selected a chief minister without the legislative assembly's majority backing. |
| Issues | Whether the Governor's appointment qualified as a lawful use of his or her authority under Article 164(1) of the Constitution? |
| Contentions | |
| Law Points | Finally, Court issued interim directions, which included continuing the Assembly session and having a floor test determine the majority. The court emphasized the need for peaceful proceeding. |
| Judgement | Supreme Court held that the appointment by Governor was arbitrary and done in bad faith (malafide). Court considered it a fraud on the constitution. This means the appointment was improper and violated the principles of constitutional governance. |
| Ratio Decidendi & Case Authority |
Full Case Details
Tabassum Jahan
Tabassum is a law scholar at Faculty of law Delhi University. She loves playing outdoor games
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