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A. M. AHMADI, G. B. PATTANAIK, SUJATA V. MANOHAR
Janak Rajjai – Appellant
Versus
H. D. Deve Gowda – Respondent
ORDER
1. The petitioner had filed a writ petition in the Delhi High Court being CWP No. 2408 of 1996 challenging the appointment of Shri H. D. Deve Gowda as the Prime Minister of India on the ground that his appointment was not legal and proper since he was not a Member of either House of Parliament. Since the writ petition was dismissed by the High Court, the petitioner has come before us by way of the present special leave petition.
2. A similar contention was urged before us in a writ petition filed under Article 32 of the Constitution of India by S. P. Anand. By our judgment and order in that matter, being S. P Anand v. H. D. Deve Gowda ((1996) 6 SCC 734), we have given detailed reasons for rejecting the petition. The basic question which is posed by the present petitioner is the same - Can a person who is not a Member of either House of Parliament be sworn in as the Prime Minister of India ? After comparing in detail Articles 74 and 75 of the Constitution with Articles 163 and 164 of the Constitution, it has been observed in the above judgment as follows : (SCC pp. 743-44, para 16)
"Now Article 75(1) envisages a Council of Ministers with the Prime Minister at the head to aid a
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