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Supreme Court Judgment on Article 356

By Mr. Justice H. R. Khanna

Published In

Air 1994

Recent judgment of the Supreme Court in the cases relating 10 the imposition of President's Rule under Article 356 of the Constitution has laid down a number of important guidelines of far-reaching importance on this vexed question and the other allied matters. The principles and guidelines laid down are, in the opinion of this writer, wholesome, commendable and designed to foster national solidarity and buttress constitutional morality. At the time the writer feels that question-marks may be raised in the context of the application of those principles to concrete cases. We may now advert to some of the principles and guidelines enunciated by the Court. Although a number of judgments were written, to avoid dilation it may be apposite to refer to the main judgment which expressed the majority view and with which the majority concurred. Regarding the use of Article 356 for imposition of the President's Rule in the States, the Court reproduced the observations of Dr. B. R. Ambe ....

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