The President and judges can be wrong at times, the Uttarakhand high court said on Wednesday, hearing a petition challenging President’s Rule in the state.
President Pranab Mukherjee dismissed the Congress government headed by Harish Rawat last month and placed the assembly under suspended animation on the recommendation of the Union Cabinet.
The court took a stern view of the arguments by additional solicitor general Tushar Mehta, who was representing the government, and said the case can be re-examined as there is “no king or absolutism”.
Mehta argued that the President imposed Article 356 based on his satisfaction and did not return the proclamation.
“The President can be an excellent person but he can be terribly wrong, judges can also be terribly wrong,” the division bench comprising justice KM Joseph and justice VK Bisht said.
“We are not doubting the wisdom of the President, but everything is subject to judicial review,” the court said.
The Centre had earlier emphasised that courts can’t have jurisdiction over the President’s assent.
Uttarakhand was brought under President’s Rule on the grounds of “breakdown of governance” in a decision that came after a rebellion in the ruling Congress.
A sting video purportedly showing former CM Rawat trying to bribe one of the rebel MLAs too hurt the Congress.
Congress state president Kishor Upadhyay said the party has full faith in the judicial system.
“We are hopeful that truth will prevail,” he said
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