Chapter

The High Court's Judgment on Renewal of President's Rule<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0060
The High Court's Judgment on Renewal of President's Rule1

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This chapter examines the unanimous judgment of the Allahabad High Court on renewing the president's rule. Justices B. M. Lal, B. Kumar, and M. Katju of the Lucknow bench of Allahabad high court should be praised for their unanimous rulings on the three substantive issues involved in the case concerning the validity of the proclamation imposing president's rule in Uttar Pradesh. The first issue was whether the proclamation violated Clause 5 of Article 356, which limits the president's rule to a year unless there are justifiable reasons for extending it. The judges rules that there were no justifiable reasons. The second issue was whether the proclamation was in colourable exercise of power. The judges ruled that it was. The third issue was whether the governor was bound to invite the single largest party, the BJP, to form a government. On this issue too the bench ruled that he was not.

Keywords: B. M. Lal; B. Kumar; M. Katju; Allahabad High Court; president's rule

Chapter.  2475 words. 

Subjects: Constitutional and Administrative Law

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