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2004 Supreme(SC) 1792
SUPREME COURT OF INDIA
S. RAJENDRA BABU, AR. LAKSHMANAN, S.H. KAPADIA, JJ.
Ramdas Athawale (1) - Petitioner
Versus
Union of India and others - Respondents
Writ Petition (C) No. 86 of 2004
Decided on : 08-03-2004
For the Appellant :Dr. Rajeev Dhavan, Senior Advocate (H.K. Puri, Ujjwal Banerjee, S.K. Puri and Shiv Gupta, Advocates).
For the Respondent: Soli J. Sorabjee, Attorney General.
Prospective application of the question regarding the dissolution of Parliament
Headnote:
Prospective Application - Dissolution of Parliament - The court clarified that the question shall have prospective bearing and not retrospective in regard to the dissolution of Parliament
Fact of the Case:
The court issued notice to the Attorney General and allowed four weeks for obtaining instructions on the matter of the dissolution of Parliament.
Finding of the Court:
The court granted the Attorney General four weeks to obtain instructions, with a clarification that the question shall have prospective bearing and not retrospective in regard to the dissolution of Parliament.
Issues: Notice to Attorney General, Time for obtaining instructions, Prospective application of the question
Ratio Decidendi: The court's decision was influenced by the need for the Attorney General to obtain instructions and the prospective application of the question regarding the dissolution of Parliament.
Final Decision: The court ordered the notice to the Attorney General and granted four weeks for obtaining instructions, with a clarification on the prospective application of the question regarding the dissolution of Parliament.
ORDER :
S. Rajendra Babu, J.
Issue notice.
2. Issue notice to learned Attorney General also.
3. Learned Attorney General is present in court. He seeks and is allowed four weeks time to obtain instructions.
4. List after four weeks.
5. However, it is clarified that the question shall have prospective bearing and not retrospective in regard to the dissolution of Parliament.
