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Post-44th Amendment, the Supreme Court can examine whether a National Emergency proclamation under Article 352 was based on objective material, not mala fide or political considerations, ensuring judicial oversight of executive emergency powers.
- True
- False
Answer: True
Judicial review of Emergency proclamation: (a) Pre-44th Amendment: Limited judicial review; courts reluctant to examine Presidential satisfaction, (b) Post-44th Amendment (1978): (i) Courts can examine whether Emergency proclamation based on objective material, not mala fide or political considerations, (ii) Judicial review scope: Relevance of material to constitutional breakdown, procedural compliance, constitutional principles compliance, (c) Applications: (i) SR Bommai principles applied: Courts examine whether proclamation based on objective material, not political considerations, (ii) Recent cases: Courts more willing to scrutinize Emergency-like situations (e.g., pandemic restrictions) for constitutional compliance, (d) Rationale: (i) Constitutional supremacy: Emergency powers subject to constitutional limits, judicial oversight, (ii) Rights protection: Judicial review ensures Emergency not used to suppress rights, democracy, (iii) Democratic accountability: Courts ensure Emergency reflects genuine crisis, not political convenience, (e) Illustrates calibrated emergency powers: Judicial review balances crisis response capacity with prevention of political misuse; ensures Emergency powers used for genuine existential threats, not political ends.