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    P. Ramachandra Rao Vs State of Karnataka

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    gparth247
    P. Ramachandra Rao was disqualified from his membership in the Karnataka Legislative Assembly for defection. He challenged this in court. The Supreme Court held that the 10th Schedule allowing disqualification for defection was valid but the Speaker's decision was subject to judicial review. It set aside Rao's disqualification, finding the Speaker's decision was not impartial. This established the principle that decisions to disqualify members are subject to judicial review and must follow principles of natural justice.

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    P. Ramachandra Rao Vs State of Karnataka

    Uploaded by

    gparth247
    331 views2 pages
    P. Ramachandra Rao was disqualified from his membership in the Karnataka Legislative Assembly for defection. He challenged this in court. The Supreme Court held that the 10th Schedule allowing disqualification for defection was valid but the Speaker's decision was subject to judicial review. It set aside Rao's disqualification, finding the Speaker's decision was not impartial. This established the principle that decisions to disqualify members are subject to judicial review and must follow principles of natural justice.

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    P. Ramachandra Rao vs State Of Karnataka

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    P. Ramachandra Rao was disqualified from his membership in the Karnataka Legislative Assembly for defection. He challenged this in court. The Supreme Court held that the 10th Schedule allowing disqualification for defection was valid but the Speaker's decision was subject to judicial review. It set aside Rao's disqualification, finding the Speaker's decision was not impartial. This established the principle that decisions to disqualify members are subject to judicial review and must follow principles of natural justice.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    331 views2 pages

    P. Ramachandra Rao Vs State of Karnataka

    Uploaded by

    gparth247
    P. Ramachandra Rao was disqualified from his membership in the Karnataka Legislative Assembly for defection. He challenged this in court. The Supreme Court held that the 10th Schedule allowing disqualification for defection was valid but the Speaker's decision was subject to judicial review. It set aside Rao's disqualification, finding the Speaker's decision was not impartial. This established the principle that decisions to disqualify members are subject to judicial review and must follow principles of natural justice.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CASE - P.

    Ramachandra Rao vs State Of Karnataka


    CITATION - Appeal (crl.) 535 of 2000
    BENCH : CJI, R.C. Lahoti, N. Santosh Hegde, Ruma Pal, Arijit Pasayat.
    FACTS :
    The facts of the case of P. Ramachandra Rao vs State Of Karnataka are as follows :-
    1. P. Rama Chandra Rao was a member of the Karnataka Legislative Assembly.
    2. In 1987, the Karnataka Legislative Assembly passed a resolution disqualifying Rao from his
    membership on the grounds of defection.
    3. Rao challenged the resolution in the High Court of Karnataka, which upheld the resolution. Rao then
    appealed to the Supreme Court.
    ISSUES
    The main issues before the Supreme Court were whether the Tenth Schedule of the Constitution,
    which deals with disqualification on grounds of defection, violated the basic structure of the
    Constitution, and whether the Speaker's decision to disqualify a member on grounds of defection was
    subject to judicial review.
    RATIONALE

    The Supreme Court her that the Tenth Schedule was not violative of the basic structure of the
    Constitution. However, the Court also held that the Speaker's decision to disqualify a member on
    grounds of defection was subject to judicial review.

    The Court reasoned that the Speaker's decision was not final and could be challenged in a court of
    law. The Court held that the power to disqualify a member was not absolute and had to be exercised
    fairly and impartially, without any bias or mala fide intention.

    JUDGEMENT:

    The Court concluded that the Speaker's decision in this case was not based on objective and relevant
    criteria and was, therefore, liable to be struck down. The Court set aside the disqualification of Rao
    and directed that he be reinstated as a member of the Legislative Assembly.

    The P. Rama Chandra Rao case is significant because it established the principle that the power to
    disqualify a member on grounds of defection is subject to judicial review. The case reaffirmed the
    importance of the rule of law and the principles of natural justice in ensuring fairness and impartiality
    in administrative decision-making.

    COMMENTS
    The case also clarified the scope and limits of judicial review and emphasized the role of the judiciary
    in safeguarding the rights and interests of citizens against arbitrary actions by the government and its
    instrumentalities.

    The P. Rama Chandra Rao case has been cited in many subsequent cases dealing with issues of
    constitutional law and administrative law and has had a significant impact on the development of
    Indian jurisprudence in these areas.

    SUBMITTED BY PARTH
    GUPTA

    UILS, PANJAB
    UNIVERSITY

    4TH YEAR

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