Whether a president can dissolve the legislature without having
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iphone 8 case Union of India raised serious question of law relating to Proclamation of President’s Rule and dissolution of Legislative assemblies according to Article 356 of the Constitution of India.The first and most important question which the Supreme Court had to determine was whether the Presidential Proclamation under Article 356 was justiciable and if so to what extent.The second contention was whether the President has unfettered powers to issue Proclamation under Article 356(1) of the Constitution.It was contended that since the Proclamation under Article 356[1] would be issued by the President on the advice of the Council of Ministers given under Article 74(1) of the Constitution and since Clause [2] of the said Article bars inquiry into the question whether any, and if so, what advice was tendered by Ministers to the President, judicial review of the reasons which led to the issuance of the Proclamation also stands barred. Whether the Legislature dissolved by the Presidents proclamation can be revived if the president proclamation is set aside. Whether the validity of the Proclamation issued under Article 356(1) can be challenged even after it has been approved by both Houses of Parliament under Article 356(3).It was also contended that whether any relief’s can be granted when the validity of proclamation is challenged and whether the court can grant an interim stay against holding the fresh election.Whether a president can dissolve the legislature without having obtained the approval of both the Houses of the Legislature. iphone 8 case
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