K.M. SHARMA versus DEVI LAL & ORS.

K.M. SHARMA versus DEVI LAL & ORS.

Description of a person as Deputy Prime Minister in the ministerial oath does not confer powers nor violate constitutional prescription; the substantial form of the oath was properly followed and the descriptive error does not invalidate it.

Parties
Petitioner: K.M. Sharma; Respondent: Devi Lal; Respondent: Union of India
Jurisdiction
India
Judgment Date
09 January 1990
Procedural Posture
Writ Petition (c) No. 1269 of 1989 / Final Order
Outcome
Petition dismissed
Legal Topics
Oath/affirmation of Ministers, Deputy Prime Minister, Validity of Oath, Constitutional Prescription
Constitutional Law Oath/affirmation of Ministers Deputy Prime Minister Validity of Oath Constitutional Prescription

Case Brief

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Parties

K.M. Sharma

Petitioner

Devi Lal

Respondent

Union of India

Respondent

Procedural Posture

Writ Petition (c) No. 1269 of 1989 / Final Order

Legal Issues

  1. 1 Whether the oath administered to Devi Lal as Deputy Prime Minister was in accordance with the prescription of the Constitution
  2. 2 Whether Devi Lal was functioning as Chief Minister of Haryana when oath of office was administered

Ratio Decidendi

Description of a person as Deputy Prime Minister in the ministerial oath does not confer powers nor violate constitutional prescription; the substantial form of the oath was properly followed and the descriptive error does not invalidate it.

Court Disposition

Petition dismissed

Orders

  • Writ petition is rejected. No costs.