Samsher Singh case
Also called: Samsher Singh v. State of Punjab (1974) · Topic: Union Executive: President, Vice-President, Prime Minister and Council of Ministers · NCERT: Beyond NCERT
Meaning
Samsher Singh v. State of Punjab (1974) was a judgment by a seven-judge bench of the Supreme Court. It held that the President and Governors are constitutional heads. This means they hold formal power but must act on the advice of their ministers. They may use their own judgment only in a few well-known situations. The case is the main authority for saying the President is not a rubber stamp but is also not a real ruler.
Example
One such situation is choosing a Prime Minister when no party has a clear majority in the Lok Sabha. In 1998 the BJP and its allies had 251 seats, 21 short of a majority. President K.R. Narayanan asked for letters of support and a trust vote within ten days.
Don't confuse with
- 42nd and 44th Amendments: these changed the words of Art. 74. The 42nd (1976) made advice binding. The 44th (1978) let the President return advice once. Samsher Singh came before both and was a court ruling, not an amendment.