STATE OF PUNJAB versus SAT PAL DANG & ORS.

STATE OF PUNJAB versus SAT PAL DANG & ORS.

The Supreme Court held the Governor validly prorogued the Assembly on 11th March 1968 via official Gazette notification; power under Article 174(2) is untrammelled, not abused; Governor’s ordinance-making power under Article 213 includes law-making for financial business under Article 209; Section 3 of the Ordinance prevailed over Rule 105 per Article 209, but must be read down vis-à-vis Article 189(4) regarding quorum; Speaker’s authority was superceded by valid ordinance and adjournment by Speaker without consent was void; Deputy Speaker validly certified Money Bills, as Art. 199(4) is directory in such circumstances; legitimacy of proceedings preserved by Article 212(1); appeals...

Parties
Appellant: State of Punjab; Respondents: Sat Pal Dang & Ors.
Jurisdiction
India
Judgment Date
30 July 1968
Procedural Posture
Civil Appeals / Appeal From High Court Judgment
Outcome
appeals allowed
Legal Topics
Prorogation of Legislative Assembly, Governor's Ordinance Power, Money Bill Certification, Adjournment of Assembly, Rules Versus Statutes
Constitutional Law Parliamentary Procedure Prorogation of Legislative Assembly Governor's Ordinance Power Money Bill Certification Adjournment of Assembly Rules Versus Statutes

Case Brief

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Parties

State of Punjab

Appellant

Sat Pal Dang & Ors.

Respondents

Procedural Posture

Civil Appeals / Appeal From High Court Judgment

Legal Issues

  1. 1 whether the prorogation took effect on 18th March or 11th March, whether the Governor had the power to promulgate the Ordinance, scope of Article 213 regarding ordinance-making, constitutionality of section 3 of the Ordinance vis-à-vis Rule 105 and Article 189(4), whether Speaker's ruling is beyond challenge in courts, legality of Assembly's proceedings and Appropriation Acts, Deputy Speaker's certification of Money Bills

Ratio Decidendi

The Supreme Court held the Governor validly prorogued the Assembly on 11th March 1968 via official Gazette notification; power under Article 174(2) is untrammelled, not abused; Governor’s ordinance-making power under Article 213 includes law-making for financial business under Article 209; Section 3 of the Ordinance prevailed over Rule 105 per Article 209, but must be read down vis-à-vis Article 189(4) regarding quorum; Speaker’s authority was superceded by valid ordinance and adjournment by Speaker without consent was void; Deputy Speaker validly certified Money Bills, as Art. 199(4) is directory in such circumstances; legitimacy of proceedings preserved by Article 212(1); appeals...

Court Disposition

appeals allowed

Orders

  • judgment of the High Court set aside
  • petitions dismissed with costs