Case Note & Summary
The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the nomination of respondents 4 to 8 as Members of the Karnataka Legislative Council under Article 171(5) of the Constitution. The petitioners, S. Rajendran and P. Kodandaramiah, sought a declaration that the nominated members had no authority to hold office. The court examined the scope of judicial review over the Governor's satisfaction in making such nominations. It held that the Governor's satisfaction is subjective and not justiciable unless mala fides are alleged. The court found no mala fides and dismissed both petitions, upholding the nominations.
Headnote
A) Constitutional Law - Legislative Council - Nomination under Article 171(5) - Governor's Satisfaction - The court considered whether the Governor's satisfaction in nominating members with special knowledge or practical experience in literature, science, art, co-operative movement and social service is justiciable. Held that the Governor's satisfaction is subjective and not open to judicial review unless mala fides are alleged. The court found no mala fides and dismissed the petitions. (Paras 1-15) B) Constitutional Law - Legislative Council - Nomination - Scope of Judicial Review - The court examined the extent to which courts can examine the qualifications of nominated members. Held that the court cannot sit in appeal over the Governor's decision and can only examine if there is any constitutional violation or mala fides. The nominations were upheld. (Paras 1-15)
Issue of Consideration
Whether the nomination of respondents 4 to 8 as Members of the Karnataka Legislative Council under Article 171(5) of the Constitution of India is valid and whether the Governor's satisfaction is subject to judicial review.
Final Decision
Both writ petitions are dismissed. No order as to costs.
Law Points
- Article 171(5) of the Constitution of India
- Governor's satisfaction
- justiciability of nomination
- special knowledge and practical experience
- mala fides
- scope of judicial review
