03.05.’21, LAW NOTES:* *“Judicial Review of Proclamation of Emergency by the President under Article 352”*

*03.05.’21, LAW NOTES:*

*“Judicial Review of Proclamation of Emergency by the President under Article 352”*

*I) Clause (5) of Article 352, which has been inserted by the 42nd Amendment Act, 1976, with the object of* *making the issue or continuance of a proclamation immune from Judicial Review in all respects, has been* *substituted by the 44th Amendment Act, 1978, which lifts the bar. In the result, the satisfaction of the President* *or the Validity of the Proclamation issued by the President is judicially reviewable on the following grounds*

*1)* Whether it was issued on the basis of any material at all.

*2)* Whether the material was relevant.

*3)* Whether it was tainted by malafide exercise of power.

*4)* Whether it was based on extraneous consideration.

*5)* Article 74 (2) is not a bar against the Scrutiny of the material on the basis of which the President had arrived at satisfaction.

*6)* Clause (3) mandates that the president can issue a Proclamation of Emergency only if he gets a written communication from the cabinet.

*1)* [(1977) 3 SCC 592]
State of Rajastan Vs Union of Inida.

*2)* [(1994) 3 SCC 1]
S.R.Bommai Vs. Union of India. (9 Judges)

*3)* [(1981) Supp. SCC 87]
Gupta S.P. Vs. Union of India (7 Judges)

*4)* [(1993) 4 SCC 119]
R.K. Jain Vs. Union of India (3 Judges)
*(To be continued)*