1984 (11) TMI 349

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....ed by The appellant had filed a writ petition in the High Court of Allahabad challenging the continuance in office of Shri Charan Singh ' as the Prime Minister and Shri S.N. Kacker as Minister of Law, Justice and Company Affairs. Stated briefly, the contention of the appellant is that Shri Charan Singh failed to seek the mandate of the Lok Sabha within three weeks after assuming the office of ....

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....ever, hasten to add that the High Court is right in its view that Shri Charan Singh's appointment as the Prime Minister could not be said to be conditional upon his seeking a mandate of the Lok Sabha. Our Constitution knows no such hybrid thing as a "Prime Minister subjected to a condition of defeasance". Conditions imposed by the President may create considerations of political mora....