By this judgement of the division bench of Uttarakhand High Court comprising Chief Justice KM Joseph and Justice VK Bisht, more than legal issues and reinstating the government, confirmed that whether Congress Government or BJP Government, both are two sides of the same coin. Both are doing the same thing as well as opposing the same thing when the other party is in power. Also both are capitalists, stand for the rich at the cost of the poor, though the Indian Constitution declares India is a socialist, democratic Republic.
Coming to the legal issues, High Court is correct in asserting its power to review any government action. All actions of the government is either issued by the President or the Governor or under their authority. Each action of the Government is subject to the review power of the High Court or Supreme Court. There are instances of declaring even the Acts signed by the President/Governor after it was passed by the respective Legislatures were struck down by the H.C./S.C.
In the instant case, the action was taken under the signature of the President under Article 356 of the Constitution of India was struck down by the High Court. This article gives power to the President to declare President’s rule subject to conditions and President is not acting on his own. Further, this declaration automatically become invalid, after two months unless further conditions such as approval of both houses of Parliament are not fulfilled. Therefore, this is equal to an ordinance passed by the President/Governor which can be questioned in the H.C./S.C. Further, the reasoning given by the High Court is also well founded, no matter what may be the outcome in case of an appeal.
Therefore, the arguments put forth on behalf of the Government in defence of their action under Article 356 are not convincing.
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