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The court cannot question the advice tendered by the CoMs to the President but it can question the material behind the satisfaction of the President. Hence, Judicial Review will involve three questions only: a. Is there any material behind the proclamation b. Is the material relevant. c. Was there any malafide use of power.
Enforcement of decrees and orders of Supreme Court: 143 Power of President to consult Supreme Court: 6 The State 226 Power of High Courts to issue certain writs: 227 Power of superintendence over all courts by the High Court: 11 Relations between the Union and the States 245 Extent of laws made by Parliament and by the Legislatures of States: 246
Supreme Court of India held the stay on Uttarakhand High Court's verdict thus reinstating the president's rule in the state. [111] [112] West Bengal: 2 20 February 1968: 25 February 1969: 1 year, 5 days State placed under president's rule following collapse of two successive short lived coalition governments. [113] 3 19 March 1970: 2 April 1971
T. S. R. Subramanian & Ors. versus Union of India and Ors., was a landmark decision of the Supreme Court of India in which the Court ruled that civil servants were not bound to follow oral directives. The case began with a public interest civil writ petition filed before the Supreme Court of India and was decided in October 2013. [1] [2] [3]
A state of financial emergency remains in force indefinitely until revoked by the President. The President can reduce the salaries of all government officials, including judges of the supreme court and high courts, in cases of a financial emergency. All money bills passed by the state legislatures are submitted to the President for approval.
State of Rajasthan, [11] by a majority of 3–2, the Supreme Court held, "When article 368 confers on Parliament the right to amend the Constitution, the power in question can be exercised over all the provisions of the Constitution. It would be unreasonable to hold that the word "Law" in article 13 (2) takes in Constitution Amendment Acts ...
Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India or "for the purpose of hearing any reference" made by the President of India under Article 143. [1]
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the ...