December 23, 2024
Constitutional Law 1DU LLBSemester 3

Anil Kumar Jha v. Union of India (2005) 3 SCC 150

Case Summary

CitationAnil Kumar Jha v. Union of India (2005) 3 SCC 150
Keywords
FactsIn this case, the Jharkhand governor selected a chief minister without the
legislative assembly’s majority backing.
IssuesWhether the Governor’s appointment qualified as a lawful use of his or her
authority under Article 164(1) of the Constitution?
Contentions
Law PointsFinally, 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.
JudgementSupreme 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

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Constitutional Law – I DU LL.B. Semester III Term Paper LB – 301 course contents - Laws Forum November 20, 2024 at 7:57 pm

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