If this power were not conceded to the court, the very energy of judicial assessment can 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 fresh 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 examining whether it was issued on the premise of any material in any respect or whether the material was relevant or whether the Proclamation was issued in the malafide exercise of the ability. It was contended that because the Proclamation underneath Article 356(1) can be issued by the President on the advice of the Council of Ministers given underneath Article 74(1) of the Constitution and since Clause (2) of the mentioned Article bars inquiry into the question whether any, and if so, what advice was tendered by Ministers to the President, judicial overview of the reasons which led to the issuance of the Proclamation also stands barred.
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