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M.M.DUTT, RANGANATH MISRA
Bakshi Sardart Lal – Appellant
Versus
Union Of India – Respondent
The judgment does not explicitly overrule any specific previous case law. Instead, it reaffirms the principle that the exercise of certain constitutional powers by the President is not subject to judicial review, especially when based on personal satisfaction and discretionary judgment related to national security and discipline (!) . The decision emphasizes that such executive actions are final and not answerable to courts, aligning with the constitutional understanding that the President's satisfaction is a non-justiciable issue (!) .
Furthermore, the judgment clarifies that the requirement for the President to personally be satisfied cannot be upheld as a strict constitutional necessity, given the established legal framework that supports the exercise of such powers through the aid and advice of the Council of Ministers (!) . It confirms that these principles are consistent with the broader legal understanding that the President's decisions made within constitutional procedures are final and immune from judicial review (!) .
Overall, the judgment does not overturn any existing case law but rather clarifies and consolidates the legal position regarding the scope of the President's powers and the limits of judicial scrutiny in such matters.
Judgement
RANGANATH MISRA, J. :- These appeals are by certificate under Art. 132 and involve the determination of the amplitude contained and nature of the power conferred on the President by clause (c) of the second proviso of Art. 311(2) of the Constitution.
2. 18 policemen - Sardari Lal and two others being Sub-Inspectors and the remaining being either Head Constables or Constables - of the Delhi Armed Police Force were dismissed from service by separate but similar orders dated 14th April, 1967, by way of punishment. They challenged those orders before the Delhi High Court mainly contending that the exercise of power under clause (c) of the second proviso to Art. 311(2) was not upon Presidents personal satisfaction and as there - had been no inquiry as mandated by Art. 311(2), the dismissals were bad. The High Court did not accept the contention and rejected the writ petitions. The dismissed policemen carried appeals to this Court and by judgment dated 21st January, 1971 in Sardari Lal v. Union of India, (1971) 3 SCR 461 : (AIR 1971 SC 1547), a Constitution Bench of this Court set aside the judgment of the High Court in each of the writ petitions and quashed the several orders of
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