The main legal point established in the judgment is that breach of oath by a Minister does not result in automatic forfeiture of office and is a matter for the appointing authority's discretion, not amenable to judicial review under Art.226 of the Constitution.

1. These two matters arise out of a common reference order made by a learned Single Judge in two writ petitions under the following circumstances.

2. Shri R. Balakrishna Pillai was sworn, in as a Minister of the Cabinet headed by Shri K. Karunakaran in 1982. At the function of the Kerala Congress held at Ernakulam, on the 25th of May, 1985, the Minister made a speech which gave rise to four writ petitions, two of which have been disposed of in the year 1985.

3. It is alleged that the speech of the Minister was "intended to bring out hatred, contempt or disaffection and was an attempt to excite disaffection towards the Government established by law in India" and an assault on the unity and integrity of India and thus he committed a breach of his oath. The Chief Minister sought clarification from the Minister and did not precipitate any action. K. C. Chancy, claiming to be a citizen, filed a writ petition in this Court as O.P. No. 5360 of 1985 for the issuance of a writ of quo warranto to prevent the Minister from discharging his functions as a Minister. The writ petition was admitted and notice ordered on 5th June, 1985. While admitting the writ petition, a learned Single Judge of this Court made certain ex parte observations. The Minister promptly tendered his resignation immediately, on the same day. On the 10th of June, another writ petition,. O.P. No. 5538 of 1985 was filed by Shri Kallara Sukumaran based practically on the same cause of action. He claimed relief not only against Shri R. Balakrishna Pillai but against other Ministers as well in respect of the speeches delivered at the same convention. That writ petition was dismissed at the admission stage on 13-6-1985 and a writ appeal against that decision, W. A. No. 261 of 1985, was dismissed by a Division Bench on 24th June, 1985. That decision is reported in Sukumaran v. Union of India (1985 KLT 567). The Division Bench held that the disqualifications are, enumerated in Art.191 of the Constitution, that breach of oath is not a disqualification constitutionally listed, and that this court cannot add to those disqualifications. It was also held that "morality or propriety of an undesirable person continuing as a Minister is essentially a political question." The Court refused to issue a writ of quo warranto and also dismissed the prayer for issuance of a writ of mandamus.

4. The earlier writ petition filed by Shri Chandy, O. P. No. 5360 of 1985. was referred to a larger Bench and was eventually heard by a Full Bench which dismissed the same by its judgment dated 19th August, 1985 and the decision is reported in K. C. Chandy v. R. Balakrishna Pillai (1985 KLT 762 (FB.)). It was held that eventhough violation of an oath is not a disqualification specified in the Constitution, breach of oath was a breach of a fundamental code of conduct and when the post is held at the pleasure of the appointing authority, the termination of the tenure "may be the possible outcome of such breach". It was, however, pointed out that breach of oath did not entail an automatic termination of the tenure but required an independent order by the appointing authority and this Court was not competent to issue such orders terminating the appointment of a Minister of a State. The Full Bench, however, was careful to note that atleast in two cases the Court could interfere: (1) when the Minister functions without the oath having been administered to him as provided in Art.164(3): and (2) when he continues in office, without being member of the legislature, after six months. The Full Bench thus dismissed Chandy's writ petition as well.

5. One would have thought that these two decisions gave a quietus to the whole issue. They did not. Shri R. Balakrishna Pillai was re-inducted as a Minister. He was sworn in on 25-5-1986.

6. After fresh oath taken in 1986 and re-induction in office of Shri R. Balakrishna Pillai, based on the alleged violation of the earlier oath taken in 1982, an advocate of this Co