Judicial review of Article 356 proclamations ensures that the power is not exercised arbitrarily and that the President's satisfaction is based on relevant and reasonable material.
Judicial review of proclamation under Article 356 would lie on any one of the following grounds: A) The proclamation has been made upon the consideration which is extraneous or irrelevant. B) Exercise of the power under Article 356 is mala fide. C) A statutory order which lacks bona fide characteristics. D) All of the above
Asked in WBCS Main Paper 5 2019 · Topic: Emergency Provisions (Judicial Review of Emergency Proclamations (Prominent cases like S.R. Bommai))
More Indian Polity and Governance questions
- Which of the following articles was judicially reviewed by the nine Judges Bench of the Supreme Court?
- The President's Rule is imposed under Article 356 of the Indian Constitution. What powers does the judiciary have when the President's Rule is imposed? (i) The proclamation of the President's Rule is not subject to judicial review. (ii) The proclamation of the President's Rule is subject to judicial review. (iii) The Supreme Court has ruled that the Central Government cannot make 'irreversible changes' in the State during the President's Rule. (iv) Decision taken by the Centre during the President's Rule can be subjected to judicial oversight. Choose the correct option from the codes given below.
- Which of the following statements are correct regarding President’s Rule? 1. The 42" Constitution Amendment Act, 1976 extended the initial duration of President’s Rule in a State from six months to one year. 2. Since 1960 till today State of Gujarat was under President’s Rule for five times. 3. Till September 2021, Chhattisgarh and Telangana have not been under President’s Rule at any point of time.
- Consider the following statements: 1. According to the Article 356, Government could declare a state of emergency on grounds of external threat only. 2. Once a emergency is proclaimed the federal distribution of powers remains practically suspended and all the powers are concentrated in the hands of the union government. 3. The 42nd Amendment was also passed during the emergency. 4. Among the various changes made by 42nd Amendment, one was that the duration of the legislatures in the country was extended from 5 to 7 years. Which of the statements given above is correct?
- Which one of the following has not been provided by the 44th Constitutional Amendment Act of 1978 relating to National Emergency?
- When was the word ‘Armed Rebellion’ added to the Constitution to declare a National Emergency ?
- From which country the emergency provisions of the Constitution of India has been borrowed ?
- What is correct about external emergency as per Article 352 ? i. It is proclaimed by the President. ii. It should be approved by Parliament within two months. iii. It should be approved by Parliament within one month. iv. It should be approved by Parliament by simple majority. v. It should be approved by Parliament by 2/3 majority. vi. It can be revoked by simple majority of Parliament. vii. It can be revoked by 2/3 majority of Parliament. viii. It can be approved in joint session of Parliament.