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Uttarakhand: Even President can go wrong, everything is subject to judicial review, HC tells Centre

Nainital: The Uttarakhand High Court on Wednesday came down heavily on the Centre over its submission that courts cannot have jurisdiction over President's assent by saying that even President can go wrong. "Even the President can go wrong, everything is subject to judicial review. You should rejoice at evolution we have had," the High Court said. "There is no decision like that of king which can't be subject to judicial review.That's essence of Constitution," the Chief Justice further said. However, the court said that it does not doubt wisdom of the President. "We are not doubting wisdom of President but everything is subject to judicial review," the court said. The observation was made by a bench of Chief Justice KM Joseph and Justice VK Bist. Earlier, the Centre on Tuesday got a rap on its knuckles in the Uttarakhand High Court which said by imposing President's rule it was taking away the powers of an elected government and introducing "chaos" and that floor test "cannot be deprived of its sanctity". The bench was hearing arguments on the petition challenging imposition of President's rule filed by the ousted Chief Minister Harish Rawat and related pleas. By imposing President's rule, "you (Centre) are taking away power of an elected government. You are introducing chaos", it had said adding the Governor had not recommended imposing of Article 356.
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