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Showing posts with the label article 356 judicial review
Judicial Review of Orders Passed by the President and the Governor
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Introduction to Judicial Review of Orders Passed by the President and the Governor The power exercised by constitutional authorities such as the President of India and the Governors of States occupies a unique position within the Indian constitutional framework. While these authorities stand at the apex of the executive hierarchy, the Constitution does not envisage them as holders of unfettered or absolute power. Their actions, though clothed with constitutional authority, operate within defined limits. One of the most significant mechanisms for enforcing these limits is the doctrine of judicial review. At first glance, constitutional provisions such as Article 361 appear to shield the President and Governors from judicial scrutiny. However, constitutional interpretation by the Supreme Court over the decades has clarified that although these authorities enjoy personal immunity, the orders and actions taken in their name are not immune from judicial review . This distinction lies at...