Supreme Court of India

Shamsher Singh & Anr v. State of Punjab

Neutral citation

Reported as [1975] 1 S.C.R. 814

Bench A.N. Ray J.

Decided 23 August 1974

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

26 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that in a conflict between the Ministry and the President, the President's voice should prevail in the last resort, either generally or even in a particular class of cases, this would mean the elimination to that extent of the authority ofa Ministry which is continuously subject to control or criticism by the House of the People, in favour of the authority of a President who is not so subject.

Judgment, page 46

Authorities it was built on

1963 Jayantilal Amrit Lal Shodhan v. F.N. Rana and Others cited by 10

Where later benches applied it

2023 State of Punjab v. Principal Secretary to the Governor of Punjab and Another relied on
2022 Abhay Jain v. The High Court of Judicature for Rajasthan and Anr relied on
2015 Ratnesh Kumar Choudhary v. Indira Gandhi Institute of Medical Sciences, Patna, Biharand Others relied on
2023 State of Punjab v. Principal Secretary to the Governor of Punjab and Another followed
2018 A. A. Padmanbhan v. The State of Kerala & Ors. followed
2013 Registrar General High Court of Gujarat & Anr. v. Jayshree Chamanlal Buddhbhatti followed
2025 Pinky Meena v. The High Court of Judicature for Rajasthan at Jodhpur & Anr. referred to
2025 Sarita Choudhary v. High Court of Madhya Pradesh & Another referred to
2024 Swati Priyadarshini v. The State of Madhya Pradesh & Ors. referred to
2024 Government of Nct of Delhi v. Office of Lieutenant Governor of Delhi referred to
2023 Anoop Baranwal v. Union of India referred to
2022 A.G. Perarivalan v. State, through Superintendent of Police Cbi/sit/ Mmda, Chennai, Tamil Nadu and Anr. referred to
2018 Government of Nct of Delhi v. Union of India & Another referred to
2017 K. S. Varghese & Ors. v. St. Peters & Pauls Syrian Orth. & Ors. referred to
2016 Nabam Rebia, and Bamang Felix v. Deputy Speaker and Others referred to
2014 Manoj Narula v. Union of India referred to
2013 Ropan Sahoo & Another v. Ananda Kumar Sharma & Others referred to
2013 Mr. Justice Chandrashekaraiah (retd.) v. Janekere C. Krishna & Ors. Etc. referred to
2013 State of Gujarat & Anr. v. Honble Mr. Justice R. A. Mehta (retd) & Ors. referred to
2012 State Bank of India and Others v. Palak Modi and Another referred to
2012 R.C. Chandel v. High Court of M.P. & Anr. referred to
2012 Head Master, Lawrence School Lovedale v. Jayanthi Raghu & Anr. referred to
2011 Narmada Bachao Andolan v. State of Madhya Pradesh referred to
2011 State of U.P. & Ors v. Luxmi Kant Shukla mentioned
2016 State of U.P. and Ors. v. Z.U. Ansari distinguished
2025 The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr. relied upon

Of those, 3 relied on · 3 followed · 1 distinguished · 17 referred to · 1 mentioned · 1 relied upon

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