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If this power were not conceded to the court, the very energy of judicial overview would be rendered nugatory and your entire exercise meaningless. On this regard the Court held that the Court can have energy by an interim injunction, to restrain the holding of contemporary elections to the Legislative Assembly pending the final disposal of the challenge to the validity of the proclamation to keep away from the fait accompli and the treatment of judicial overview being rendered fruitless. The validity of the Proclamation issued by the President under Article 356(1) is judicially reviewable to the extent of analyzing whether or not it was issued on the premise of any materials in any respect or whether the fabric was related or whether or not the Proclamation was issued in the malafide exercise of the ability. It was contended that since the Proclamation below Article 356(1) would be issued by the President on the recommendation of the Council of Ministers given below Article 74(1) of the Constitution and since Clause (2) of the said Article bars inquiry into the query whether any, and if so, what recommendation was tendered by Ministers to the President, judicial review of the explanations which led to the issuance of the Proclamation additionally stands barred.
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