Trace Your Case

ISSUE:

Is judicial review possible of the President's Proclamation made in accordance with Article 356 of the Constitution ?

If so, what does judicial review entail in this case?

What does the phrase mean in Art. 356(1)- "A situation has arisen where the Government of the State cannot be carried on in line with the provisions of this Constitution"?

RULE:

Until the Proclamation is accepted by both Houses of Parliament in accordance with clause (3) of the aforementioned article, the President is not permitted to dissolve the State's Legislative Assembly using his authority under Article 356(1). Under subclause (c) of clause (1) of the aforementioned article, he may only have the authority to suspend the Legislative Assembly.

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