Question
Download Solution PDFThe question of judicial review of Presidential satisfaction to promulgate the National Security Ordinance, 1980 was raised in the case of ________.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is 'A.K. Roy v. Union of India'.
Key Points
- A.K. Roy v. Union of India:
- This case dealt with the judicial review of the President's satisfaction regarding the promulgation of ordinances under Article 123 of the Indian Constitution.
- The National Security Ordinance, 1980, was promulgated by the President to address matters of national security. The question arose whether the satisfaction of the President in issuing the ordinance could be subject to judicial scrutiny.
- The Supreme Court held that while the satisfaction of the President is subjective, it is not immune from judicial review. The court can examine whether the satisfaction was based on relevant material or whether it was arbitrary or mala fide.
- This case reinforced the principle that the President’s powers are subject to constitutional limitations and cannot be exercised arbitrarily.
Additional Information
- T. Venkata Reddy v. State of Andhra Pradesh:
- This case dealt with the validity of the Governor’s satisfaction in promulgating ordinances under Article 213 of the Indian Constitution, not the President’s satisfaction under Article 123.
- R.C. Cooper v. Union of India:
- This landmark case addressed the issue of the government's power to nationalize banks and the violation of the right to property under Article 31 of the Constitution.
- It did not concern the judicial review of ordinances or the President’s satisfaction in promulgating ordinances.
- Vineet Narain v. Union of India:
- This case dealt with corruption in governance and the role of the Central Bureau of Investigation (CBI), focusing on maintaining accountability in public administration.
- It did not involve the question of the judicial review of the President's satisfaction or ordinance-making powers.
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