CHAPTER-13

SHAMSHER SINGH CASE

Through the medium of this chapter, Krishna iyer explained a painful incident of his life and a
judgement given by him in the shamsher singh case which today have become a notable precedent.
The shamsher singh case was presided over by a bench of seven judges including the Krishna iyer.
The leading judgement was given by Ray C.J. but a separate judgement was delivered by Bhagwati
and Krishna Iyer J. and this separate judgement explained clearly the law of cabinet system where
under the present resigns but the Prime Minister and his colleagues rule.
In 1957, Krishna iyer became the Minister of Law and home in of Kerala. Iyer knewed the
constitutional law very well and was aware that the governor had to act on the advice of his
ministers. When, a year was a home Minister he decided to commute the sentence and persuaded
the governor to sign the commutation and there was no need for him to read the merits of the case
again as Krishna had already examined the merits of the case well. The governor agreed to it.
Decades later, iyer got an opportunity to give the law of commutation of death sentence in the Maru
ram case. Iyer believed, that to work the Constitution teaches better then by reading the
Constitution. And according to Krishna, a Minister illiterate in constitutional law and who violates a
Cabinet responsibility is like a bull in a china shop. Krishna iyer along with the other judges heard the
Shamsher Singh case on the power of President and the governor. All the seven judges were of the
same view, but iyer felt that in order to make the law clear, it was a good opportunity to explain the
powers of the governor vis--vis Chief Minister. Krishna iyer decided to write a separate judgement
but the circumstances made it hard for him. His wife had already gone a heart surgery but, needed
another and he and his son decided to take her to US for that surgery. But before going to US, due to
shortage of time Krishna iyer dictated his opinion which was completed and corrected by iyers
private secretary, Chandramouli. Krishnas wife was deeply impressed by his opinion in the
judgement. And Krishna left the judgement with his secretary and flew to Milwaukee for the surgery.
My wife was admitted to the hospital and the date of surgery was fixed. Meanwhile a messenger
from Indian Embassy in Washington DC came with a copy of Chief Justice drafted judgement and a
letter by Ray C.J. to me indicating that a couple of months has elapsed and it was necessary to give
the judgement without any delay and he asked me to either approve his judgement or produce a
new judgement. Due to my judgement was lying in Delhi and not in the hospital in Milwaukee and
worried about the outcome of the surgery, I wrote the approval to the Chief Justice judgement.
When my wife asked me about my cause of worry I told her about the Chief Justice messenger and
the message by Chief Justice and that I have given approval to his judgement. But in spite of her
critical condition my wife is asserted that my opinion should be delivered as my separate judgement.
So I called up my friend and a judge, Justice Bhagwati, from the hospital and he agreed to pronounce
the opinion as a separate judgement. My judgement was passed in the Shamsher Singh case on
behalf of justice Bhagwati and myself. But due to failure of the surgery my wife passed away the
next day. IDSAs that the Chief Justice pressed him to give approval to his judgement as two or three
months had passed after the arguments were closed. Iyer says that nowadays, there are a large
number of judges in the high Courts and the Supreme Court who pronounced judgements when
months and years have passed after the arguments are closed. Iyer says that there is a great need
for a code of conduct for the judges so that the judgements are pronounced without any delay. The

great constitutional Sawant seervai instead of criticising my opinion in the Shamsher Singhs case
regarded it as an interested reading. The thesis of the judgement is that our Constitution has
adopted the British Parliamentary and Cabinet form of government and the President and the
governors are the constitutional heads of the government. Iyer regards this episode of Shamsher
Singh as a sad recollection for him.