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The Governor recommends to the President of India that breakdown of Constitutional machinery in the State is imminent. The President makes a proclamation under Article 356. The action of the President:

Practice MCQ for SSC, UPSC, RRB Exams

A. cannot be reviewed as the President is the sole judge of his emergency powers A.

B. cannot be reviewed as the Constitution bars the courts from reviewing political actions B.

C. can be reviewed as it goes against Fundamental Rights C.

D. can be reviewed as it is malafide D.

Correct Answer: D সঠিক উত্তর: D

Explanation ব্যাখ্যা

The majority of the nine-judge bench, across six opinions, overruled the 1977 decision in State of Rajasthan v Union of India, and held that proclamations under Article 356 were subject to judicial review.
The courts could strike down an Article 356 proclamation if found to be malafide or based on wholly irrelevant grounds. When reviewing the proclamation, the court would examine if it was issued based on any material, if such material was relevant, even if partially, to impose President’s Rule.

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The Governor recommends to the President of India that breakdown of Constitutional machinery in the State is imminent. The President makes a proclamation under Article 356. The action of the President:

Practice MCQ for SSC, UPSC, RRB Exams

Correct Answer: D সঠিক উত্তর: D

Explanation ব্যাখ্যা

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