Constitution of India, 1950: Art. 356-Nature, scope, applicability and effect of President's Rule-Promulgation of in case of failure of constitution- al machinery in states-Satisfaction of President' that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution' Interpretation of 'Satisfaction of President Satisfaction' Meaning of Subjective satisfaction of Union Council of Ministers-Principles of natural justice Observance of Satisfaction must be based on Objective material-Situations where it can be said that the State Govt. 'cannot' be carried on Return of any political party at the centre different from that in power in the State-Not one such situation-Ideology of State Govt. to be consistent with the Constitution Disregard E by any State of the basic values and essential features of the Constitution Regard to federal structure and Centre State relation Need for Effect of issuance of the Promulgation and conditions precedent-Dissolution of Legislative Assembly and Government of the State Whether a necessary consequence Effect of approval/disapproval of the Promulgation Revival of Legislation Assembly Validation of laws and orders passed during the promulgation Validity of Promulgations issued in respect of Kamataka, Meghalaya, Nagaland, Madhya Pradesh, Himachal Pradesh and Rajasthan.
Constitution of India, 1950-Arts. 356, and 352, 355, 357, 360-Nature of Art. 356 in the context of An emergency provision to be used in exceptional circumstances.
Constitution of India, 1950-Arts. 356(1) and 154, 155, 156, 163-On receipt of report from Governor-Governor's obligation to make report-Role of Governors Floor test-Testing majority support of the ruling party in the State on the floor of the House Necessity of Whether floor test a prerequisite to sending report by Governor.
Constitution of India, 1950-Preamble and Arts. 15, 16, 25, 26, 27, 28, A 30, 51-A, 356-Scope of Preamble-Secularism Meaning and role of Religious tolerance and equal treatment of all religions Concept of positive secularism-Religion vis-a-vis secularism Secularism is part of the basic structure of the Constitution Effect of 42nd Amendment.
Constitution of India 1950-Arts. 32, 226 & 35-Proclamation under B Art.356-Amenable to judicial review Before or after Parliament's approval Not the subjective satisfaction of President but material on which satisfaction is based open to judicial review on grounds of illegality, malafide, extraneous considerations, abuse of power or fraud on power, irrelevance not sustainable so long as there is some relevant material Corrections or adequacy of the material cannot be gone into on merits-Nor can purely political questions be reviewed by Court-Doctrine of political thicket Materials falling within the expression, 'or otherwise-Review of.
Constitution of India, 1950-Arts. 356, 74(2) & 142 and 32 & 226 Proclamation under Art. 356-Judicial Review Bar under Art. D 74(2) Nature and object of Whether confined to the advice tendered by Council of Ministers-But material on the basis of which advice was tendered is subject to judicial review Whether Govt, while justifying its action can claim privilege under S. 123 of the Evidence Act, 1872-Burden of Proof First on the person challenging the Proclamation-Then shifts to E Union of India.
Constitution of India: Arts. 74 and 77-Scope of.
Interpretation of the Constitution: Constitutional scheme-Should be so construed as to maintain the fundamental balance.
Constitutional provisions-Language plain and clean-No obvious in- advertento : mission-Filling up the gaps by Courts Whether could be resorted to.
Constitutional provisions-Interpretation not to whittle down the powers of the States.
Evidence Act, 1872:
S. 123- Privilege-Action taken under Art. 356 of the Constitution of India Government justifying its action-Whether could claim privilege under
Administrative Law :
Judicial Review-Whether confined to the decision making process only
and not the decision itself merits-Justiciability and judicial review-Difference between.
Words & Phrases :
'Federalism' 'Federation' 'federal form of Government' 'Secularism'
'Judicial Review'-Meaning of in the context of the provisions of the Constitution of India