VidhiSangh

Supreme Court of India · 06/12/2018

K. LAKSHMINARAYANAN versus UNION OF INDIA & ANR.

[2018] 14 S.C.R. 689 · 2018 INSC 1161

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld Central Government nominations to the Puducherry Legislative Assembly without mandatory concurrence of the elected territorial government. Neither the governing law nor an established constitutional convention required it. Nominated members could vote on budgets and no-confidence motions. The appeals were dismissed, subject to deletion of all recommendations in paragraph 5 of the High Court judgment.

Issues

  1. Whether Central nomination required the Administrator to act on territorial ministerial advice or obtain the elected government’s concurrence.
  2. Whether federalism or a constitutional convention required consultation.
  3. Whether nominated members could vote on budgets and no-confidence motions and whether the High Court’s recommendations should stand.

Provisions considered

Held

Result

Appeals dismissed subject to deletion of all recommendations in paragraph 5 of the High Court judgment. Nominations and the stated voting rights upheld; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 689.