Rameshwar Prasad vs Union of India

 On 24th January, 2006, a Constitution Bench in Rameshwar Prasad & Ors vs Union of India and Anr. (Writ Petition (C) No. 257 of 2005), per majority, held the reports given by the Bihar Governor Mr. Buta Singh, which led to dissolution of the Bihar Legislative Assembly by a Presidential Proclamation, as “the personal ipse dixit of the Governor”. Holding that “the Governor misled the Council of Ministers, which led to aid and advice being given by the Council of Ministers to the President” leading to issue of the Proclamation, the Court said it “cannot remain a silent spectator watching the subversion of the Constitution”. The impugned Presidential Proclamation was consequently held to be unconstitutional.

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