Supreme Court of India

P.V. Narasimha Rao Etc. Etc. v. State (cbl/spe) Etc. Etc.

Neutral citation

Reported as [1998] 2 S.C.R. 870

Bench S.C. Agra Wal, G.N. Ray, Dr. A.S. Anand and S.P. Bharucha Ands. Rajendra Babu JJ.

Decided 17 April 1998

Status Overruled

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.

17 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that Membership of Parliament is an 'office' inasmuch as it is a position carrying certain responsibilities which are of a public character and it has an existence independent of the holder of the office.

Judgment, page 126

Authorities it was built on

1991 Kihoto Hollohan v. Zachillhu and Others cited by 59
1991 K. Veeraswami v. Union of India and Others cited by 53
1988 Hindustan Thompson Associates Ltd. v. Mrs. Maya Inderson Israni & Ors. cited by 21
1991 K. Vimala v. K. Veeraswamy cited by 17
1957 The Commissioner of Income-tax v. M/s. Mcmillan & Co. cited by 17
1954 Tolaram Relumal and Another v. The State of Bombay cited by 16
1961 Sakharam @ Bapusaheb Narayan Sanas and Another v. Manikchand Motichand Shah and Another cited by 8
1962 Mrs. V.G. Paterson v. Mr. O. V. Forbes & Others cited by 5
1995 P. Udayani Devi v. V.V. Rajeshwara Prasad Rao and Anr. cited by 1

Where later benches applied it

2022 M/s Apex Laboratories Pvt. Ltd. v. Deputy Commissioner of Income Tax, Large Tax Payer Unit - Ii referred to
2021 Bureau of Investigation (cbi) and Anr. v. Thommandru Hannah Vijayalakshmi @ T. H. Vijayalakshmi and Anr. referred to
2021 The State of Kerala v. K. Ajith & Ors. referred to
2021 Dr. Jaishri Laxmanrao Patil v. The Chief Minister & Ors. referred to
2020 State of Gujarat v. Mansukhbhai Kanjibhai Shah referred to
2018 Lok Prahari, through its General Secretary S.N. Shukla v. Election Commission of India & Ors. referred to
2018 Lok Prahari, through its General Secretary S. N. Shukla v. Union of India & Others Writ Petition (c) No. 784 of 2015 February 16, 2018 referred to
2016 Justice (retd.) Markandey Katju v. The Lok Sabha & Anr. referred to
2016 Central Bureau of Investigation, Bank Securities & Fraud Cell v. Ramesh Gelli and Others referred to
2016 Alagaapuram R. Mohanraj & Others v. Tamil Nadu Legislative Assembly Rep. by its Secretary & Another referred to
2015 Election Commission of India v. Bajrang Bahadur Singh & Ors. referred to
2015 Krishnamoorthy v. Sivakumar & Ors. referred to
2013 Indian Soaps & Toiletries Makers Association v. Ozair Husain and Others referred to
2011 Abhay Singh Chautala v. C.b.i referred to
2010 Amarinder Singh v. Special Commitiee, Punjab Vidhan,sabha & Others referred to
2013 Anil Kumar & Ors. v. M. K. Aiyappa & Anr. mentioned
2024 Sita Soren v. Union of India overruled

Of those, 15 referred to · 1 mentioned · 1 overruled

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