Trace Your Case

ISSUE:

Whether the Court can look into the validity of the proclamation made under Article 356 of the Constitution of India?

Whether, in the present case, the proclamation was unconstitutional?

RULE:

Article 356 of the Constitution of India says if the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on by the provisions of this Constitution, the President may by proclamation assume to himself all or any of the functions of the Government of the State, declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament and make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the proclamation.

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