The Central Government has the power to order an inquiry against State Ministers under S. 3 of the Commissions of Inquiry Act, 1952, and the notification issued by the Central Government under S. 3 of the Commissions of Inquiry Act, 1952, appointing a Commission of Inquiry to investigate allegations of misconduct against the petitioner and other former Ministers of the State was valid.

P. S. KAILASAM, C.J.:- This petition is filed by Mr. Karunanidhi, former Chief Minister of Tamil Nadu, under Art. 226 of the Constitution for the issue of a writ of certiorari calling for the records relating to Notification No. SO-74 (E) dated 3-2-1976, issued by the Department of Personnel Administrative Reforms, Government of India, under S.3 of the Commissions of Enquiry Act 1952, and quash the same. The affidavit filed in support of this petition, after setting out the history of the Government of Tamil Nadu and the Dravida Munnetra Kazhagam, which was running the Government from 1967 upto 31st January 1976, refers to the Proclamation issued by the President of India on 31-1-1976 under Art. 356 of the Constitution of India assuming to himself the functions of the Government of the State of Tamil Nadu and the powers of the Government of the State, suspending the provisions of the Constitution relating to the Council of Ministers in the State and dissolving the Legislative Assembly. The Proclamation imposing President's rule was based on a report of the Governor of the State made on 29-1-1976. In his report, the Government also recommended the appointment of a commission of inquiry to enquire into the allegations made against the D.M.K. Government. On 3-2-1976 the Central Government notified the appointment of a Commission of Inquiry under S.3 of the Commissions of Inquiry Act, 1952, to enquire into the allegations made by four persons who are named in the notification. In challenging the validity of the Notification the main grounds are stated in paragraph 9 of the affidavit of the petitioner. The first and foremost ground is stated as follows-

"The Constitution of India has set up a federal system of Government in which the Union and the States derive their respective powers from the Constitution and exercise those powers from the constitution in their own right. According to the scheme of the Constitution, the States are not subordinate to the Union. Moreover, the Constitution has established a Parliamentary system of executive in the States, according to which the Council of Ministers is responsible to the elected representatives of the people in the legislative Assembly for the good Government of the State". According to the petitioner, the duty referred to in Art. 355 does not extend to the central Government laying down standards of good Government for the State Governments and enforcement of such standards by threat of exposing recalcitrant State Ministers to an inquiry under the Commissions of Inquiry Act for what in the opinion of the central Government might constitute maladministration. The other grounds were summarised by the learned counsel for the petitioner thus-

1. The commission of Inquiry should be appointed to enquire into a definite matter of public importance;

2. Satisfaction of the requirements of S. 3 of the commissions of Inquiry Act is vitiated by the notification not disclosing the names of persons, who are to be subjected to the enquiry, and the purpose;

3. The power under S. 3 of the Act has not been used for the purpose for which it is conferred, but it has been abused;

4. Opinion is not of the central Government in so far as it is not expressed to be taken in the name of the President, but has been taken by a department to which the particular subject has not been allotted by the central Government by the Government of India (Allocation of Business) Rules, 1961; and

5. The Tamil Nadu Public Men (Criminal Misconduct) Act, 1973, (Act 2 of 1974) precludes recourse to the Commissions of Inquiry Act for the purpose of enquiry into the misconduct of former Ministers of the State of Tamil Nadu.

2. We will, first of all, take up the question which was stressed at great length before us, that is the federal nature of the Constitution does not empower the Central Government to lay down standards of good Government for the State Governments and to initiate an inquiry under the Commissions of Inquiry A