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.
Also read my book: A FRAUD
IN THE INDIAN CONSTITUTION :- http://www.amazon.in/FRAUD-INDIAN-CONSTITUTION-M-P-JOSEPH/dp/9352353986
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