The main legal point established in the judgment is that the dissolution of the Legislative Assembly before its first meeting was constitutionally valid, and the President's Proclamation under Art.356 was upheld.

1. Consequent on the resignation of the ministry that caused a breakdown of the constitutional government in the State of Kerala, the President dissolved the Legislative Assembly and assumed the executive powers of the State to himself by a Proclamation dated September 10, 1964, which was approved by the Parliament by a resolution on September 30,1964. A general election was held thereafter, in February/ March 1965, for the purpose of constituting a new Legislative Assembly in the State; and the names of members elected for the various Constituencies were notified under S.73 of the Representation of the People Act, 1951, in the Kerala Gazette, Extraordinary, No. 41 dated March 17, members were declared elected, inclusive of the petitioner returned by Kuthuparamba Constituency; but no party was able to secure a working majority of seats in the Legislature. The Party position among the elected representatives was thus:

The new Legislature had never been summoned, under Art.174 of the Constitution, to meet; and therefore the members elected could not be sworn in. On March 16,1965, the Governor held consultations with the leaders of the various parties among the elected members, and soon thereafter submitted his report to the President on the possibility of the formation of a constitutional government in the State. On March 24, 1965, the Vice-President, who was then discharging the functions of the President in the latter's absence out of India, revoked the Proclamation of September 10, 1964, and issued a fresh Proclamation (Ext. P-4) under Art.356 assuming to himself all the functions of the Government of Kerala and dissolving the newly constituted Legislative Assembly of the State; and a consequential order (Ext. P5) delegating, subject to his superintendence, direction and control, all the functions of the Government of the State to the Governor of Kerala. This Original Petition is for a declaration that Exts. P4 and P5 are illegal and therefore non est and for reliefs which are consequential on such declaration. The challenge of legality of Ex. P4 is mainly on two grounds: unconstitutionality and mala fides.

2. The contentions in regard to the constitutionality may be summarised thus:

(i) Under Art.172 of the Constitution the term of a Legislative Assembly commences with its first meeting; and Under Art.174 (1) it is incumbent on the President or the Governor to summon the Assembly to hold its meeting. A dissolution of the Legislative Assembly can be ordered "only after the date fixed for its first meeting." The dissolution of the newly elected Legislature, even before its first meeting, ordered by the Proclamation, Ext. P4, is premature, illegal and void; and the Legislative Assembly "should therefore be deemed to be in existence" and declared so.

(ii) After the assumption of the Governor's powers by the President by the Proclamation of September 10, 1964, the Governor could function only as a representative of the President, and could not act under

Art.163 & 164 that were suspended by the President. His deliberations with the leaders of various parties were therefore not in accordance with law, and his report to the President illegal and unconstitutional. "The Proclamation issued on the basis of a satisfaction derived from this illegal report is also unconstitutional and is therefore null and void."

(iii) Art.163 & 164, in their application to the State of Kerala, having been suspended by the Proclamation of September 10, 1964, that remained in force till March 24, 1965 (the date of Ext. P4), the President has frustrated the formation of a constitutional government in the State, and a state of affairs brought about by the President's act cannot be the foundation for a Proclamation under Art.356 of the Constitution by the President himself.

(iv) "A Proclamation under Art.356 can be issued only when two conditions are satisfied: (1) A Government of a State, the functions and powers of which have not been assumed by the P