https://www.taxtmi.com/caselaws?id=160872 In sanction for prosecution of Ministers, Article 163's aid-and-advice rule was held to yield in exceptional circumstances where the Council of Ministers may be affected by apparent bias or unable to take an impartial decision. The Governor could therefore act independently and was not bound by the Council's advice. The Council's refusal of sanction was also found unsustainable because it ignored relevant material and adopted an irrational assessment, while the Governor's grant of sanction was supported by the record. The doctrine of necessity was held inapplicable on these facts, and prosecution was permitted to proceed. en-us Fri, 05 Nov 2004 00:00:00 +0530 Tue, 17 Jun 2014 17:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160872 In sanction for prosecution of Ministers, Article 163's aid-and-advice rule was held to yield in exceptional circumstances where the Council of Ministers may be affected by apparent bias or unable to take an impartial decision. The Governor could therefore act independently and was not bound by the Council's advice. The Council's refusal of sanction was also found unsustainable because it ignored relevant material and adopted an irrational assessment, while the Governor's grant of sanction was supported by the record. The doctrine of necessity was held inapplicable on these facts, and prosecution was permitted to proceed. Case-Laws Indian Laws Fri, 05 Nov 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160872