The centre, on Wednesday, said that government submits that courts can’t have jurisdiction over President’s assent and there is no decision like that of king which can’t be subject to judicial review.
The Chief Justice of India said that even President can go wrong, everything is subject to judicial review,you should rejoice at evolution we’ve had. Further added that we are not doubting wisdom of the President but everything is subject to judicial review.
The Centre on Monday said central rule in the state has “cut the very roots of democracy”, while on Tuesday got a rap on its knuckles yet again in the Uttarakhand High Court which said by imposing President’s rule it was taking away the powers of an elected government and introducing “chaos” and that floor test “cannot be deprived of its sanctity”.
The division bench of the court repeatedly maintained that irrespective of allegations of horse-trading and corruption, the only Constitutional way to test majority was to hold a floor test, which “you still have to go for”.
The Centre also faced searching questions from the court which observed that if the reasons for imposition of Article 356 in the instant case, where ruling parties are different at the Centre and in the state, are accepted then it may lead to the central government “watching with a magnifying glass where there is an opportunity for President’s rule”.
“It (President’s rule) has to be applied in exceptional cases only,” the bench of Chief Justice K M Joseph and Justice V K Bist said adding that the President could have waited for events to unfold on March 28 when a floor test was to take place.
The bench was hearing arguments on the petition challenging imposition of President’s rule filed by the ousted Chief Minister Harish Rawat and related pleas.
By imposing President’s rule, “Centre are taking away power of an elected government. You are introducing chaos”, it said adding the Governor had not recommended imposing of Article 356.
The bench went on to say that the Governor’s action of March 23 calling for a floor test “cannot be deprived of its sanctity”.
The court also said that the government cannot say that the Chief Minister was trying to buy back his rebel MLAs while at the same time he was trying to get them disqualified.
Arguments will continue today as well.