JUDICIAL REVIEW OF PROCLAMATION OF PRESIDENT’S RULE

The 44th Constitution Amendment Act by substituting Clause (5) to Article 356, makes the President’s Proclamation judicially reviewable.

• The Proclamation of the President’s Rule may be declared as invalid by the Courts.
• If it was issued by the President on the basis of no materials at all. For instance, where the President acts on the sole basis of the Governor’s report which is vitiated by assumptions as or totally unsustainable in law.

[(1994) 3 SCC 1]

S.R. Bommai -Vs- U O I