Article 370 verdict: SC refuses to accept petitioners' contention that Union can't take action having irreversible effect during Prez rule
New Delhi, Dec 11: Chief Justice of India (CJI) D.Y. Chandrachud on Monday said that it cannot accept the petitioners’ argument that the Union government cannot take actions having irreversible consequences when a proclamation issued by the President under Article 356 is in force.
CJI Chandrachud said, “The scope of powers exercised by the Union government must depend on circumstances for issuing the proclamation (under Article 356 of the Constitution).”
He added that every action taken by the Union government on behalf of the state government is not open to challenge in courts.
“Opening up challenges to every decision would lead to chaos and uncertainty and in effect, would put the administration in a state of standstill,” held CJI Chandrachud.
Pronouncing the verdict on a batch of pleas challenging abrogation of Article 370, he said that there are limitations prescribed by the Constitution on power of the Union government which can be exercised in states when a proclamation issued by the President under Article 356 is in operation.
