Supreme Court of India

Rameshwar Prasad and Ors. v. Union of India and Anr.

Neutral citation

Reported as [2006] 1 S.C.R. 562

Bench Y.K. Sabharwal J.

Decided 24 January 2006

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.

6 Supreme Court benches have cited this judgment.

From the headnote

Constitution of India, 1950; Articles 321226, 356, 74 and 163: Ifivoking of power under Article 356-/ssue of proclamation-- Subjective satisfaction of President-Conditions precedent-Scope of judicial review. Articles 356 and 74-Satisfaction of President under -.Vature o.f-Duty of Council of Ministers before recommending issuance uf proclamation- -On facts, held: Governor has misled Union Council of Ministers. Article 356--Nature and Scope of power---Held, is un emergency power but not an absolute power. Articles 32, 226 and Preamble-Scope of interference. Articles 356, 163 and

Authorities it was built on

1994 S.R. Bommai v. Union of India and Ors. cited by 68
1991 Kihoto Hollohan v. Zachillhu and Others cited by 59
2003 Bhupinder Sharma v. State of Himachal Pradesh cited by 14
1963 Jayantilal Amrit Lal Shodhan v. F.N. Rana and Others cited by 10
2003 B. Janakiramaiah Chetty v. A.K. Parthasarthi and Ors. cited by 6
1963 Bijayananda Patnaik v. Satrughna Sahu and Others cited by 5

Where later benches applied it

2015 Pukhrem Sharatchandra Singh v. Mairembam Prithviraj@ Prithibiraj Singh relied on
2025 The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr. referred to
2023 In Re: Article 370 of the Constitution v.. referred to
2023 Subhash Desai v. Principal Secretary, Governor of Maharashtra & Ors. referred to
2021 The Project Director, National Highways No. 45 E and 220 National Highways Authority of India v. M. Hakeem & Anr. referred to
2013 State of Gujarat & Anr. v. Honble Mr. Justice R. A. Mehta (retd) & Ors. referred to

Of those, 1 relied on · 5 referred to

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