South Africa tour of India 2019
CJI Chandrachud Breaks Legal Ground: Union's Bold Moves Amid Proclamations and Article 370 Challenges
In a compelling legal stance, Chief Justice of India (CJI) D.Y. Chandrachud emphasized on Monday that the Union government cannot be restricted from taking actions with irreversible consequences during a proclamation under Article 356. CJI Chandrachud refuted the petitioners' argument, asserting that the scope of the Union government's powers hinges on the circumstances surrounding the issuance of the proclamation.
Highlighting the critical balance between authority and chaos, CJI Chandrachud declared that not every action taken by the Union government on behalf of the state government is subject to court challenges. Opening the floodgates to challenges for every decision, he cautioned, would plunge the administration into a state of paralysis, fostering chaos and uncertainty.
Pronouncing the verdict on challenges to the abrogation of Article 370, CJI Chandrachud underscored the constitutional limitations on the Union government's powers in states where a proclamation under Article 356 is in effect. This legal standpoint reaffirms the delicate equilibrium required in navigating the constitutional landscape during such critical times.
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