Questioning the Central Government’s assertion on the political crisis in the hill state, the Uttarakhand High Court on Wednesday told the ruling dispensation that even the President can go wrong.
“There is no decision like that of king, which can’t be subject to judicial review. That’s the essence of Constitution. Even the President can go wrong, everything is subject to judicial review,” the High Court said.
“We are not doubting the wisdom of the President, but everything is subject to judicial review,” the court added.
Justifying its stand, the Centre had earlier emphasised that that courts can’t have jurisdiction over the President’s assent.
The Uttarakhand High Court had on Monday questioned the Centre’s move to impose President’s Rule in the state in the fifth year of the Congress Government.
“The Governor is not an agent of the Centre. This colours our mind. Can you remove a government based on a solitary incident and the government, which is in its fifth year? The root of the matter is you are cutting at root of democracy. Interference in the affairs of states is not to be seen lightly, emergency power should be used in extraordinary cases,” the court said.
The Centre had imposed President’s Rule in Uttarakhand on March 27, a day before Chief Minister Harish Rawat was to prove his majority in the state assembly.
The Uttarakhand Government entered into a crisis last month when nine Congress MLAs rebelled against Rawat and the BJP, which has 28 MLAs, staked claim to form the government.