“There is no mention of any care-taker Government as such, in our Constitution or in the constitutional law, though Sir Ivor Jennings has described in his book -Cabinet Government, Third Ed. p. 85 the ministry that was formed by Mr. Churchill in England after the war before and pending the General election in 1945 as caretaker Government. But an extraordinary situation like the present, in my opinion, calls for a care-taker Government and Therefore, the respondent no. I and his Council of Ministers can only carry on day-to-day administration in office which are necessary for carrying on “for making alternative arrangements”. In effect the President, in my opinion is, Therefore, not obliged to accept the advice that the respondent no. I and his Council of Ministers tender to him except for day-to-day administration and the Council of Ministers and the respondent no. I should not make any decisions which are not necessary except for the purpose of carrying on the administration until other arrangements are made. This in effect means that any decision or policy decision or any matter which can await disposal by the Council of Ministers responsible to the House of People must not be tendered by the respondent no. I and his Council of Ministers. With this limitation, the respondent no. I and the Council of Ministers can only function. And in case whether such advice is necessary to carry on the day-to-day administration till “other arrangements are made” or beyond that, the President, in my opinion, is free to judge.”
