Tuesday, 10 April 2012

Colourable Exercise of Powers


Colourable exercise of authority – (2008) 4 SCC 185, Paras 10, 11; AIR 1964 33; AIR 1994 SC 1771; (2000) 8 SCC 131; (2000) 6 SCC 195; AIR 1993 SC 2579; AIR 1963 SC 849

Interpreting Article 356 of the Constitution of India, the SC held that if the satisfaction of the President is based on wholly extraneous grounds which have no nexus with the action taken, the proclaimation can be challeneged in a Court of law, on the ground that the President acted without the required satisfaction, in issuing the proclaimation, for satisfaction based on wholly irrelevant grounds amounts to no satisfaction – AIR 1977 SC 1361; AIR 1994 SC 1918; (1995) 4 SCC 73; (2006) 2 SCC 1.

COLOURABLE EXERCISE OF POWERS
AIR 1975 SC 753
AIR 1965 SC 995


Improper investigation:
(2011) 1 SCC 577;
(2011) 8 SCC 737 – Paras – 36, 37, 84
(2011) 12 SCC 375

Colourable exercise of powers – (2013) 7 SCC 150 B

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