Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1988)-Paragraph 2(1) 20 BB 2(6A) 1950-Sixth Schedule as amended by (Constitution (Amendment) Act Article 163 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950-Sixth Schedule as amended by (Constitution (Amendment) Act, 1988)-Paragraph 2(1), 2(6A), 20 BB, Article 163: Formation of District Councils-Nomination of members by the Governor in consultation with Council of Ministers-Held, Governor vested with discretionary power to nominate members-Mere consultation with Council of Ministers would not mean that Governor failed to exercise discretionary power vested in him-Nomination held valid District Councils-Nominated Members-Termination of membership-Validity of-Scheme prescribing nominated members to hold office at the pleasure of Governor-Power to terminate not left to discretion of Governor but in consultation with Council of Ministers-Held, termination is valid as Governor acted on the advice of Council of Ministers-Non hearing of members before termination is not illegal as they held office at the pleasure of Governor. Interpretation of statutes-Omission of applicability of rule of Natural Justice in a statute expressly or by implication would not invalidate the statute. The Sixth Schedule to the Constitution evolved a scheme for administration of tribal areas in Assam, Meghalaya, Mizoram and Tripura through institution of District Councils or Regional councils. Pursuant to the scheme, Mara Autonomous District Council (MADC) was constituted. The nominated members were to hold office at the pleasure of Governor. On 8.8.2000, 4 persons were nominated by Governor. On 5.12.2001, Governor notified termination of the nominated members. Subsequently Governor issued another Notification dated 6.12.2001 nominating 4 persons. In a writ petition challenging the termination and fresh nomination, Single Judge upheld termination order and set aside the fresh nomination of 3 out of 4 members. Both Appellant and State appealed. Division Bench refused to interfere with the order of Single Judge. in special leave to appeal, a Division Bench granted special leave and in view of the fact that the issue involved substantial question of law as to the interpretation of the Constitution, the matter came before the Constitution Bench. Appellant contended that the termination order was passed without giving any notice and hence there was violation of principles of Natural ,Justice; that Notification dated 6.12.2001 nominating 4 members by virtue of powers under sub paragraph (1) of Paragraph 2 was not constitutionally valid; and that in case of nomination, Governor accepts the advice of his Council of Ministers and did not exercise discretionary powers vested in him under Paragraph 20 BB of Sixth Schedule. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2005 INSC 22 |
Petitioner | Pu Myllai Hlychho And Ors. |
Respondent | State Of Mizoram And Ors. |
SCR | [2005] 1 S.C.R. 279 |
Judgement Date | 2005-01-11 |
Case Number | 661-62 |
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