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The Supreme Court has held that Presidential satisfaction for proclaiming Emergency under Articles 352, 356, and 360 is subject to judicial review on grounds of mala fides, irrelevant considerations, or constitutional violations.
- True
- False
Answer: True
Judicial review of Emergency proclamations: (a) Traditional view: Presidential satisfaction subjective, non-justiciable, (b) Evolution: (i) SR Bommai (1994): President's Rule satisfaction subject to judicial review; courts can examine if based on objective material, if mala fide, if violates basic structure, (ii) Subsequent cases: National Emergency satisfaction also reviewable for constitutional compliance, (c) Scope of review: Courts don't substitute wisdom for executive; check for: (i) Relevant material, (ii) Constitutional standards, (iii) Procedural compliance, (iv) Basic structure violations, (d) Limits: Courts generally defer to executive on threat assessment but ensure constitutional boundaries respected. Illustrates calibrated judicial oversight: respecting executive domain while protecting constitutional supremacy and federal balance.