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The Scope of Judicial Review of Presidential Proclamation issued under Article 356 of the Constitution

By Dr. Prof. Komatiguntla Madhusudhana Rao

Published In

Air 2006

In India the judiciary is entrusted with the task of interpreting the Constitution. Article 356 of the Constitution empowers the President to impose President’s rule in a State if he is satisfied either on the basis of the report of the Governor of the State or otherwise, that the Government of that State cannot be carried on in accordance with the provisions of the Constitution. Thus, for invoking Art. 356(1) the conditions precedent are : that the President should have satisfied either on the basis of the report from the Governor of the State or otherwise, that in fact a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution. The discussion on the scope of the judicial review of Art. 356 is arranged in two parts. One, whether the Courts can issue the writ of Mandamus on the President for imposition of President’s rule unde ....

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