Supreme Court of India

Madhya Pradesh Special Police Establishment v. State of Madhya Pradesh and Ors.

Neutral citation

Bench N. Santosh Hegde, S.N. Variava, B.P. Singh, H.K. Sema and S.B. Sinha JJ.

Decided 5 November 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

From the headnote

Constitution of India, 1950-Article 163-Sanction for prosecution of Ministers under 1983 Act and !PC-Grant of-Council of Ministers to aid and advise Governor, however Governor acting in his discretion-Propriety of Held: Normal rule is that the Governor is to act on the aid and advice of the Council of Ministers and not indepe'!dently or contrary to it-However, there are exceptions where as a matter of propriety Governor can act in his own discretion-On basis of materials disclosed by the report of Lokayukta prima .· facie case made out against Ministers for prosecution-Decision of Council of…

Authorities it was built on

1969 A. K. Kraipak & Ors. Etc. v. Union Of. India & Ors. cited by 83
1982 State of Maharashtra v. Ramdas Shrinivas Nayak & Anr. cited by 34
1990 Dr. (mrs.) Kirti Deshmankar v. Union of India and Ors. cited by 4

Where later benches applied it

2011 Lalit Kumar Modi v. Board of Control for Cricket in India and Ors. followed
2024 Central Organisation for Railway Electrification v. M/s Eci Spic Smo Mcml (jv) A Joint Venture Company referred to
2016 Nabam Rebia, and Bamang Felix v. Deputy Speaker and Others referred to
2014 Manoj Narula v. Union of India referred to
2025 In Re : Assent, Withholding or Reservation of Bills by the Governor and the President of India mentioned
2022 A.G. Perarivalan v. State, through Superintendent of Police Cbi/sit/ Mmda, Chennai, Tamil Nadu and Anr. distinguished

Of those, 1 followed · 1 distinguished · 3 referred to · 1 mentioned

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.