K M SHARMA Vs. DEVILAL
LAWS(SC)-1990-1-20
SUPREME COURT OF INDIA
Decided on January 09,1990

K.M.SHARMA Appellant
VERSUS
DEVILAL Respondents


Referred Judgements :-

VIRJIRAM SUTARIA VS. NATHALAL PREMJI BHAVADIA [FOLLOWED]



Cited Judgements :-

P VENKATESH VS. STATE OF KARNATAKA [LAWS(KAR)-1993-5-4] [REFERRED TO]
SHAIJU J KOORAN VS. STATE ELECTION COMMISSION THIRUVANANTHAPURAM [LAWS(KER)-2003-2-53] [REFERRD TO : (1990) 1 SCC 438 23]
DEVIDAS S O VENKATRAO PAWAR VS. GOPINATH MUNDHE [LAWS(BOM)-1995-7-94] [REFERRED TO]
BALASUBRAMANYAN VS. STATE OF KERALA [LAWS(KER)-2005-11-3] [REFERRED TO]
VISHAK BHATTACHARYA AND ORS. VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-6-17] [REFERRED TO]
SHIVA KANTI HAZRA VS. ATAL BEHARI BAJPAYEE AND ANOTHERS [LAWS(CAL)-1999-9-56] [REFERRED TO]
ASHOK PANDE AND ANOTHER VS. UNION OF INDIA THROUGH ITS CABINET SECRETARY SOUTH BLOCK NEW DELHI [LAWS(ALL)-2017-11-233] [REFERRED TO]
SEKHAR S IYER VS. CHIEF SECRETARY GOVERNMENT OF KARNATAKA [LAWS(KAR)-2018-6-78] [REFERRED TO]


JUDGEMENT

- (1.)Two contentions were raised by the petitioner in this writ petition challenging the appointment of respondent No. 1, Shri Devi Lal as Deputy Prime Minister of India:
(i) that the oath administered to him as Deputy Prime Minister was not the oath in accordance with the prescription of the Constitution; and

(ii) he was still functioning as the Chief Minister of Haryana when the oath of office of his new assignment was administered to him.

(2.)Pursuant to notice, two affidavits have been filed - One by the respondent No. 1 and the other on behalf of the Union of India. In the affidavit of respondent No. 1 certain precedents have been relied upon and the practice which has been followed eversince the Constitution came into force has been referred to.
(3.)Learned Attorney-General appearing on behalf of the Union of India has stated that the form prescribed in the Third Schedule pursuance to the requirement of Art. 75(4) of the Constitution is only for a Minister of the Union and there is no separate form even or the Prime Minister. Since the Prime Minister is also a member of the Council of Ministers, he takes the same oath as the other ministers are required to take. He maintains that yet in view of the fact that the Constitution describes him as the Prime Minister, while being sworn into office, he describes himself as Prime Minister and this practice is in vogue eversince 1950. The oath register is by the incumbent signed as Prime Minister and all other ministers sign as Ministers. He further indicates that describing Shri Devi Lal as Deputy Prime Minister is descriptive only and for all purposes he is a Minister and there is no constitutional sanction for the post of Deputy Prime Minister as such.
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