S.P. ANAND V. H.D. DEVE GOWDA

S.P. ANAND V. H.D. DEVE GOWDA

AIR 1997 SC 272

Article 75, Article 164

|Eligibility for Prime Minister appointment|

CASE SUMMARY

Facts

The petitioner, S.P. Anand, challenged the appointment of H.D. Deve Gowda as Prime Minister of India, arguing that since he was not a member of either House of Parliament at the time of his appointment, the President’s action was unconstitutional. The petitioner claimed this violated Articles 14, 21, and 75 of the Indian Constitution.

Issues

The central issue was whether a person who is not a member of either House of Parliament could be appointed as Prime Minister, and if such an appointment violated constitutional principles or democratic norms.

Relevant Articles

Article 75(5):It allows a person who is not a member of either House of Parliament to be appointed as a Minister, provided they become a member within six months. If not, they must vacate the position after that period.

Article 74(1):It establishes a Council of Ministers with the Prime Minister at the head, to aid and advise the President.

Articles 163 and 164:These provisions, regarding the appointment of the Chief Minister at the state level, are analogous to Articles 74 and 75, and allow a person who is not a member of the legislature to be appointed as a Minister or Chief Minister for six months.

Judgment

The Supreme Court dismissed the petition, ruling that under Article 75(5) of the Indian Constitution, a person who is not a member of either House of Parliament can be appointed as Prime Minister, provided they become a member within six months. The Constitution makes no distinction between the Prime Minister and other Ministers in this regard. Citing earlier cases like Har Sharan Verma v. Tribhuvan Narain Singh and Harsharan Verma v. Union of India, the Court noted similar provisions under Article 164(4) for appointing non-members as Chief Ministers, affirming that this flexibility applies equally to the Prime Minister under Articles 74 and 75. The Court rejected arguments based on British conventions, stating that the Indian Constitution allows for such appointments as long as the appointee commands the confidence of the Lok Sabha. Therefore, H.D. Deve Gowda's appointment as Prime Minister was constitutionally valid.