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Nabam Rebia Case Explained
Constitutional Law I
Study material
Published material from The Law Easy that cites Article 163.
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Constitutional Law I
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Constitutional Law I
Issue: Can the government choose judges even when the Chief Justice disagrees?
48 min read
About this topic ▶ Watch this part of the lecture (0:00) These notes cover the 57 most important cases of Indian Constitutional Law . They are the cases that keep coming up in LL.B. examinations, in judiciary examinations and in every serious discussion of constitutional law. Every case is studied…
411 min read
Definition: Constitutionalism is a system that gives legitimacy to a democratic government.
69 min read
Supreme Court of India · 2016
The Supreme Court held that the Governor's discretion under Article 163 is limited. The Governor cannot advance (prepone) an Assembly session or fix its agenda without the aid and advice of the Chief Minister and Council of Ministers, and his actions are open to judicial review. The Court also held that a Speaker facing a pending removal notice should not decide disqualification petitions under the Tenth Schedule. It restored the status quo ante and reinstated the Nabam Tuki government, which makes this a landmark case on federalism and the office of the Governor.
Supreme Court of India · 1974
A seven-judge Constitution Bench of the Supreme Court held that the President and the Governor are constitutional heads who act on the aid and advice of the Council of Ministers. Where the Constitution speaks of their 'satisfaction', it means the satisfaction of the Council of Ministers, not their personal satisfaction. The Court overruled Sardari Lal and set aside the termination of two probationer judges, holding that a termination which is in substance a punishment attracts the protection of Article 311(2).
1 practice question tests this article.
We show statutory text only after checking it word for word against the official source. Read Article 163 of the Constitution of India on India Code.
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