Primary and secondary sources of informationof Modern Indian history under the British rule cannot be fully depended on. Why?
Answers
Answer:
Answer the question based on Legal Principal and Factual Situation stated below:
LEGAL PRINCIPLE: Imposition of President Rule in a State Article 365 has been used in the Constitutional history of India more than a hundred times and very recently to dissolve the Legislative Assembly of Bihar.
Article 365, insofar as it is relevant for the present purposes, enacts: "If the President, on receipt of report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the state cannot be carried on in accordance with the provisions of the Constitution, the President may by proclamation impose presidential rule in the state".
So, these are the Constitutional provisions in case of failure of the Constitutional machinery in States.
FACTUAL SITUATION I: The Mayawati Government in Uttar Pradesh fell due to the withdrawal of support given to it by the BJP. The State Governor placed the U.P. Assembly under suspended animation. Soon thereafter the Governor sends a report to the President recommending dissolution of the Assembly and proclamation of President's rule under Article 365, in the State. On the basis of the Governor's report, the president dissolved the Assembly.
Was the Presidential action under Article 365 dissolving the U.P. Assembly constitutionally valid?
Explanation: