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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Dismissing a Chief Minister: The UP Case 1

Dismissing a Chief Minister: The UP Case 1

(p.328) 52 Dismissing a Chief Minister: The UP Case1

A.G. Noorani

Oxford University Press

This chapter analyses the dismissal of the Chief Minister of Uttar Pradesh (UP) Kalyan Singh on the report of Governor Bhandari. The Lucknow bench of the Allahabad High Court held the governor's action to be unconstitutional, and ordered restoration of the dismissed government. It was left to the governor to summon the house for a vote of confidence. A 3-member bench of the Supreme Court ordered, a day later, a composite floor test, which was unprecedented and without the sanction of the Constitution. Kalyan Singh won the floor rest, but the Court's decision to allow the composite floor test, not quashing Governor Bhandari's order caused some disquiet. The whole episode highlighted yet again the dubious role of the speaker and the governor at the state level where they often act in violation of their constitutionally defined roles.

Keywords:   chief minister, Uttar Pradesh, Constitution, Supreme Court, Composite floor test, president

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