Judgment

SIKRI, CJI.: This appeal by certificate is directed against the judgment of the High Court of Judicature at Madras dismissing Writ Petition No. 63 of 1971 filed by U. N. R. Rao, appellant before us. In this petition the appellant had prayed that a writ of quo warranto be issued to the respondent, Smt. Indira Gandhi, and it be declared that the respondent has no constitutional authority to hold the office of and to function as Prime Minister of India.

2. In brief, the appellant contends that under the Constitution as soon as the House of the People is dissolved under Art. 85 (2) of the Constitution the Council of Ministers, i.e., the Prime Minister and other Ministers, cease to hold office. According to him this follows plainly from the wording of Art. 75 (3), which provides that "the Council of Ministers shall be collectively responsible to the House of the People." How can the Council of Ministers be responsible to the House of the People when it has been dissolved under Art. 85 (2)? According to him no void in the carrying out of Government will be created because the President can exercise the Executive Power of the Union either directly or through officers subordinate to