The Uttarakhand high court has observed that the legitimacy of the President's decision to suspend the Uttarakhand assembly is subject to judicial review as even he can go wrong.
Background:
The court was responding to an argument by additional solicitor general Tushar Mehta, appearing on behalf of the Centre, who contended that the President relies on his political wisdom in many matters.
About President's rule:
What's in the constitution?
The article 356 of the constitution which focuses on the failure of the Constitutional machinery of the State is often termed as the President's rule. There are various reasons for which President's rule can be imposed on a State. The failure of the State government to function as per the constitution is the first step towards this.
§Other factors include the loss of majority, break down of law and order, indecisive outcome of elections, no alternate claimant to form the government, insurgency, defections and break-up of coalition.
§It can be imposed initially for a period of six months.
What happens to the legislative assembly?
When President's rule is imposed, the assembly is either dissolved or kept in suspended animation.
Shift in role:
The state comes under the direct control of the Central government. The authority shifts from the Chief Minister and the council of ministers to the Governor. The Governor gets the power to appoint civil servants and some administrators to assist him who will take on the role and responsibilities of the Council of Ministers.
No comments:
Post a Comment