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High Court: Who say President can do no wrong, even his orders are open to Judicial Review

April,20,2016:

HC has questioned the Centre’s “tearing hurry” to impose Central Rule in the State of UK when the Governor had called for a Floor Test.

President's decisions can be Judicially Reviewed
President’s decisions can be Judicially Reviewed

Legitimacy of the President’s decision to suspend Uttarakhand assembly is subject to judicial review as even he can go wrong, the Uttarakhand high court observed on Wednesday.

Referring to the NDA government’s argument that the President took the decision to impose Article 356 of the Constitution in his “political wisdom”, a bench of chief justice K M Joseph and Justice V K Bist said, “People can go wrong, be it the President or the judges.”

The court also went on to say that “Legitimacy of inference drawn by President from the material placed before him is open to judicial review.”

This observation was made after the Centre contended that the President’s understanding of the material before him would be different from that of the court.

The government’s contention came after the bench said that from the reports sent by the governor to the President, regarding the situation in the state, “what we have understood is that everything was processing towards a floor test on March 28.”

The bench was hearing arguments on the petition challenging imposition of President’s rule filed by the ousted chief minister Harish Rawat and related pleas.

On Monday, the HC had questioned the Centre’s “tearing hurry” to impose central rule in the state when the governor had called for a floor test.
Last week too, the HC had warned the Centre not to do any “hanky-panky” while the court is in recess (April 13-17). It had also said that the Centre was to blame for much of the mess in the state. On Monday, it remarked, “All the development work (in the state) has been halted. Who is to blame for that?”

A bench of Chief Justice KM Joseph and Justice VK Bisht also questioned the power of the governor while writing to the speaker regarding division of votes. He further emphasized that Congress had indulged in horse trading, and that there was no likelihood of a fair floor test on March 28.

The bench also questioned the power of the governor while writing any such letter to the speaker regarding division of votes. “What power the governor has to ask the speaker for conducting the business of House?” the court asked. TNN

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