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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.
The amended (in 1956) Article 3, allows the union government power with the prior consent of the President (common head of states and union governments) to (a) form a new state/UT by separating a territory of any state, or by uniting two or more states/UTs or parts of states/UTs, or by uniting any territory to a part of any state/UT; (b) the ...
[3] [4] Thus, it is seen by many as a threat to the federal state system. Since the adoption of the Indian constitution in 1950, the Union government has used this 134 times to dissolve elected state governments by imposing President's rule. [1] The article was used for the first time in Punjab on 20 June 1951.
The Government of India is modelled after the Westminster system. [9] The Union government (also called as the Central government) is mainly composed of the executive, the legislature, and the judiciary, and powers are vested by the constitution in the prime minister, parliament, and the supreme court, respectively.
1. The President or the Governor is not answerable to any court for the exercise of the powers and duties of his office. 2. No criminal proceedings shall be conducted against the President or the Governor during his term of office. 3. No arrest or imprisonment shall be made against the President or Governor during his term of office. 4.
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
The 24th Amendment was enacted, by the Congress government headed by Indira Gandhi, to abrogate the Supreme Court ruling in Golaknath v. State of Punjab. The judgement reversed the Supreme Court's earlier decision which had upheld Parliament's power to amend all parts of the Constitution, including Part III related to Fundamental Rights. The ...
The supreme court pronounced its judgment on 4 July 2018; it said the lieutenant governor of Delhi had no independent decision-making powers and was bound to follow the "aid and advice" of the Delhi chief-minister-headed council of ministers of the Government of Delhi on all matters except those pertaining to police, public order and land. The ...