Shamsher Singh v State of Punjab (1974)

Constitutional Law II · The Executive

Facts.

Two subordinate judges dismissed from service argued that their dismissal was invalid because the Governor had not personally applied his mind — he had acted on the advice of the State Government.

Issue.

Must the President and the Governor exercise their functions personally, or do they act on the aid and advice of their Council of Ministers?

Held.

A seven-judge Bench held that the President and the Governor are constitutional heads who exercise their powers only on the aid and advice of the Council of Ministers, except in the small class of situations where the Constitution expressly gives them discretion.

Why it matters.

It is the foundational authority that neither the President nor the Governor can act as a personal ruler — the anchor for every “can the President/Governor act on his own?” question in this unit.

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