President’s decision is subject to judicial review: Uttarakhand HC

The Uttarakhand High Court has observed that the legitimacy of President’s decision to suspend the state assembly under President’s rule is subject to judicial review.

Observation in this regard was given by a HC bench comprising of Chief Justice K M Joseph and Justice V K Bist. The bench was hearing arguments on the petition filed by the ousted Chief Minister Harish Rawat challenging imposition of President’s rule in Uttarakhand.

HC observed that President can take wrong decisions by referring to Union Government’s argument that he took the decision to impose President Rule under Article 356 of the Constitution in his “political wisdom”.

It also ruled that legitimacy of inference drawn by President from the material placed before him by Governor is open to judicial review.

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Categories: States Current Affairs - 2017

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