Rapping the Centre on its knuckles, the Uttarakhand High Court on Wednesday observed that President's ruling is not above judicial review. During a hearing on the imposition of President's rule in Uttarakhand, the Centre on Wednesday claimed that the court cannot challenge the President's assent which led to a sharp observation from the judges.
"There is no such decision like that of the king which can't be subject to judicial review, that's the essence of our Constitution. Even President can go wrong, everything is subject to judicial review. You should rejoice at the evolution we have had. We are not doubting wisdom of the President but everything is subject to judicial review. However high you may be, law is above you," the HC said.
The court pointed out that the Governor in his report on March 25 report have given a very clear idea that he was awaiting the floor test on 28. When the Additional Solicitor General argued "let us not screen these reports like a mathematical formula", the court ruled "of course we have to because you say this was the material the President relied on".
Meanwhile, the Centre has some relief when the court ruled that it is impossible for the Centre to know what is happening in the state from Delhi. The court also said that there is no mention of 35 MLAs asking for division during the voting on state Budget. The court also said that it is clear that only Ajay Bhatt - who is the leader of opposition – had asked for division.
On Tuesday, the HC had said that by imposing President's Rule the Centre was taking away the powers of an elected government and introducing "chaos" and that floor test "cannot be deprived of its sanctity".
The division bench of the court had repeatedly maintained that irrespective of allegations of horse-trading and corruption, the only constitutional way to test majority was to hold a floor test, which "you still have to go for".
The Centre also faced searching questions from the court which observed that if the reasons for imposition of Article 356 in the instant case, where ruling parties are different at the Centre and in the state, are accepted then it may lead to the central government "watching with a magnifying glass where there is an opportunity for President's rule".
The bench was hearing arguments on the petition challenging imposition of President's Rule filed by the ousted chief minister Harish Rawat and related pleas.
Comments
0 comment