ForumIAS Prelims 2018 Open Test:Result Declared
A score of 80+ would be a good score whereas 70+ is a decent score.To Check Result Click here
There are some changes in Solution and Answer Key. Click here

Can Governor's report recommending President's rule in the state be questioned in Supreme Court ?

Can Governor's report recommending President's rule in the state be questioned in Supreme Court for Malafide ?
Isn't his acts/reports out of Judicial scrutiny ?

@Babur @IWRA @trying_tobawesm
The Law of Detachment - be equanimous to both victories and defeats

Comments

  • judicial review is part of basic structure of constitution, so everything can be questioned
  • @upsc_cracker Governor is not answerable regarding his adminstrative decision to any court since he has got constitutional immunity(Dont remember the article). Although his grounds of emergency in report may be probed into on ground of malafide intentions.
  • edited May 2016
    Governor's report can very well be questioned , the report is the material used in giving advice to the President , although as per Article 74(2) the advice tendered cannot be questioned. Governor's report becomes the material to tender the advice , and is not the advice in itself
    However, the Government can claim privilege under the Section 123 of the Evidence Act 1872
  • S R Bommai's case held validity of proclamation under article 356 can be judicially reviewed (DD Basu)
    *Your* tears! *Your* blood! Your *pathetic* lives forged into something of worth
Sign In or Join to comment.

Courses by ForumIAS for CSE
ForumIAS is trusted by over 10,000+ students for their Prelims, Mains and Interview Preparation and we currently run several assistance programs to help students from Civil Services prelims preparation to rank upgradation to IAS. You can enroll for these programs by visiting http://blog.forumias.com/courses

Welcome!

We are a secret self-moderated community for Civil Services preparation. Feel free to join, start a discussion, answer a question or just to say Thank you.

Just dont spread the word ;)

Sign in or join with Facebook or Google

Subscribe to ForumIAS Blog