President’s actions during State Emergency open to scrutiny: SC

Source – This post is based on the article “Declaration of State emergency under Article 356 and subsequent actions of President should have reasonable nexus: SC” published in “The Hindu” on 11th December 2023.

Why in the News?

The Supreme Court in the recent decision on Article 370 ruled that the State Emergency declaration under Article 356 and the subsequent actions of the President must demonstrate a “reasonable nexus” (A logical and justifiable connection or relationship between different decisions).

What is the timeline of the issue?

1) On November 21, 2018, the Governor dissolved the Legislative Assembly by using the provisions under article 356.

2) In 2019, Parliament repealed provisions of Article 370 and passed the bill for the reorganization of the State of Jammu and Kashmir.

3) In this background, Supreme Court gave its ruling on whether the questions can be raised against reasonable connection between the purpose behind the proclamation of Article 356 and the subsequent actions of the President and Parliament.

What was the Supreme Court Ruling?

1) The court held that the President’s actions during a State Emergency are subject to judicial scrutiny.

2) The court held that there should be a reasonable nexus between the object of the President, while declaring the State emergency under Article 356 and the actions taken during the emergency.

3) The burden is on the individual contesting the President’s actions during the Emergency to preliminarily establish that they were a “mala fide or extraneous exercise of power.”

4) The Bench also held that if a prima facie case is established by an individual, the responsibility shifts from the complainant to the Center. Then the center needs to justify that the exercise of power during emergency had a reasonable nexus with the purpose of the proclamation of President’s Rule under Article 356.

What is Article 356 of the Indian constitution?

1) It deals with the provision for the imposition of President’s Rule in states of India on the ground of failure of constitutional machinery.

2) This article also defines the powers of President and its limitations during emergency.

3) It falls under Part XVIII of the Constitution, which deals with Emergency Provisions.

Read More – Article 356 of Indian Constitution

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