SC: Irreversible changes can be made under Article 356
Tuesday, 12 December 2023
The Supreme Court rejected the plea that 'fundamental, permanent and irrevocable' changes made by the President during President's rule in a state could not be reversed. It held that the President had the power under Article 356 to make irreversible changes, including the dissolution of a state assembly. The court stated that the proclamation under Article 356 was subject to judicial review but the scope of review would be limited. It emphasized that most actions taken by the President during President's rule can be reversed by the state government when it returns to power.
The Supreme Court rejected the plea that 'fundamental, permanent and irrevocable' changes made by the President during President's rule in a state could not be reversed. It held that the President had the power under Article 356 to make irreversible changes, including the dissolution of a state assembly. The court stated that the proclamation under Article 356 was subject to judicial review but the scope of review would be limited. It emphasized that most actions taken by the President during President's rule can be reversed by the state government when it returns to power.
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