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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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The High Court's Judgment on Renewal of President's Rule 1

The High Court's Judgment on Renewal of President's Rule 1

Chapter:
(p.310) 50 The High Court's Judgment on Renewal of President's Rule1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0060

This chapter examines the unanimous judgment of the Allahabad High Court on renewing the president's rule. Justices B. M. Lal, B. Kumar, and M. Katju of the Lucknow bench of Allahabad high court should be praised for their unanimous rulings on the three substantive issues involved in the case concerning the validity of the proclamation imposing president's rule in Uttar Pradesh. The first issue was whether the proclamation violated Clause 5 of Article 356, which limits the president's rule to a year unless there are justifiable reasons for extending it. The judges rules that there were no justifiable reasons. The second issue was whether the proclamation was in colourable exercise of power. The judges ruled that it was. The third issue was whether the governor was bound to invite the single largest party, the BJP, to form a government. On this issue too the bench ruled that he was not.

Keywords:   B. M. Lal, B. Kumar, M. Katju, Allahabad High Court, president's rule

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