TopRankers discussing the Top Law Experts review: President Rule in Uttarakhand
While the NDA Government imposed President’s Rule in Uttarakhand just before Congress was about to prove the majority in floor test, there has been a mixed review from the legal experts across different courts in India.
What is President’s Rule? The President’s Rule comes under Section 356 of the Indian Constitution. Also, it must be noted that Section 356(1) has no immunity from the judicial review.
SR Bommai Judgment Case, 1989: In the year 1989, the Karnataka Government, led by SR Bommai, was dismissed after the voice of non-cooperation from within the party. The party had withdrawn its support from the CM SR Bommai.
Bommai judgment (1993), thereafter, stated that the High Court of the Supreme Court of India have the power to strike the Section 356, if it feels that the matter is based on extraneous grounds or irrelevant facts. When the court strikes such a proclamation, the Government is restored.
This means that the President’s Rule can be challenged in the court.
What do the top lawyers of the country review over President Rule in Uttarakhand?
Argument against the decision-
Prashant Bhushan, the senior lawyer, believes that according to the standard procedure, a few people should be brought to defect; so that the anti-defection act usage can be prevented. After this, the President’s Rule can be imposed. According to him, the decision has been taken in haste and is completely “unconstitutional.”
Argument in favour of the decision-
RS Sodhi, the former legal personnel at the Delhi high court, on the other hand, supports the decision, saying that the President’s Rule in Uttarakhand is imposed because of continuous and rapidly changing political situation. He says that the failure of constitutional machinery in the state has made Section 356, a positive sign there.
However, arguments from many legal brains tend to cloud the overall review. In such a case, the previous Supreme Court judgements over President’s Rule in India should be checked and studied carefully. Time and again, clear circumstances for imposing President’s Rule have been given by the Apex Court of India, which should be taken into consideration.
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