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The Hindu
The Hindu
National
Krishnadas Rajagopal

Article 370 judgment: Reasonable nexus required between object of State emergency and subsequent actions of President, SC holds

A Constitution Bench on Monday held that there should be a reasonable nexus between the actions of the President and the object for which State emergency is declared under Article 356 of the Constitution.

The Bench led by Chief Justice of India D.Y. Chandrachud was responding to arguments by petitioners that the proclamation of President’s Rule in the State of Jammu and Kashmir under Article 356 on the ground of failure of constitutional machinery on December 19, 2018, followed by the abrogation of Article 370, was constitutionally invalid.

Article 356 authorised the declaration of President’s Rule in a State on the receipt of a report from the Governor about the failure of the constitutional machinery.

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