- The presidential proclamation imposing President’s Rule is subject to judicial review.
- The satisfaction of the President must be based on relevant material.
- Burden lies on the Centre to prove that relevant material exist to justify the imposition of the President’s Rule.
- The court cannot go into the correctness of the material or its adequacy but it can see whether it is relevant to the action.
- If the court holds the presidential proclamation to be unconstitutional and invalid, it has power to restore the dismissed state government and revive the state legislative assembly.
- The state legislative assembly should be dissolved only after the Parliament has approved the presidential proclamation.
- Secularism is one of the ‘basic features’ of the Constitution. Hence, a state government pursuing anti-secular politics is liable to action under Article 356.
- The question of the state government losing the confidence of the legislative assembly should be decided on the floor of the House.
- Where a new political party assumes power at the Centre, it will not have the authority to dismiss ministries formed by other parties in the states.
- The power under Article 356 is an exceptional power and should be used only occasionally.