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Prof K Nageshwar: Can courts dismiss CM Jagan ? (Video)

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CM ? || Can courts dismiss CM Jagan ?||

Article 356 of the constitution dealing with provisions in case of failure of constitutional machinery in a state begins under sub-clause (1) as follows:

If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by proclamation, assume to himself [emphasis mine]

 

The key word here is otherwise, which has been left undefined. Can the word otherwise include the finding or observations of a high court or the Supreme Court?

In the absence of the Governors report recommending Presidents rule, the President can rely on any other material to arrive at the conclusion that the constitutional machinery in a state has collapsed. While considering the question of material, the Supreme Court had held that it is not the personal whim, wish, view or opinion or the ipse dixit of the President dehors the material but a legitimate inference drawn from the material placed before him which is relevant for the purpose.

In other words, as the apex court had held, the President has to be convinced of or has to have sufficient proof of information with regard to or has to be free from doubt or uncertainty about the state of things indicating that the situation in question has arisen. The apex court had qualified this by saying that although the sufficiency or otherwise of the material cannot be questioned, the legitimacy of inference drawn from the material is certainly open to judicial review.
https://thewire.in/law/andhra-pradesh-high-court-supreme-court-constitutional-machinery-state-government

https://www.thehindu.com/opinion/lead/article-356-and-an-activist-judiciary/article33419769.ece?homepage=true

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Prof K Nageshwar:  Can courts dismiss CM Jagan ? (Video)

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Prof K Nageshwar: Can courts dismiss CM Jagan ? (Video)
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You can enroll as a voter for MLC elections now if you have not enrolled earlier. https://ceotserms1.telangana.gov.in/MLC/Form18.aspx CM ? || Can courts dismiss CM Jagan ?|| Article 356 of the constitution dealing with provisions in case of failure of constitutional machinery in a state begins under sub-clause (1) as follows: If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by proclamation, assume to himself [emphasis mine] The key word here is otherwise, which has been left undefined. Can the word otherwise include the finding or observations of a high court or the Supreme Court? In the absence of the Governors report recommending Presidents rule, the President can rely on any other material to arrive at the conclusion that the constitutional machinery in a state has collapsed. While considering the question of material, the Supreme Court had held that it is not the personal whim, wish, view or opinion or the ipse dixit of the President dehors the material but a legitimate inference drawn from the material placed before him which is relevant for the purpose. In other words, as the apex court had held, the President has to be convinced of or has to have sufficient proof of information with regard to or has to be free from doubt or uncertainty about the state of things indicating that the situation in question has arisen. The apex court had qualified this by saying that although the sufficiency or otherwise of the material cannot be questioned, the legitimacy of inference drawn from the material is certainly open to judicial review. https://thewire.in/law/andhra-pradesh-high-court-supreme-court-constitutional-machinery-state-government https://www.thehindu.com/opinion/lead/article-356-and-an-activist-judiciary/article33419769.ece?homepage=true

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