Aam Aadmi Party vs. Union Of India

*WRIT PETITION (CIVIL) NO(s). 163 OF 2014 1 ITEM NO. 51 COURT NO.2 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 163 OF 2014 AAM AADMI PARTY & ANR Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date: 17/04/2014 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Fali S. Nariman, Sr. Adv. Mr. Prashant Bhushan, Adv. Ms. Kamini Jaiswal,Adv. Mr. Rohit Singh, Adv. Ms. Shilpi Dey, Adv. Mr. Krishna Tiwari, Adv. Mr. Ramesh, Adv. Mr. Govind, Adv. Mr. Shyam Singh Chauhan, Adv. For Respondent(s) UOI Mr. K.V. Vishwanathan, A.S.G. Mr. Rohit Sharma, Adv. Mr. B.K. Prasad, Adv. R-2 Mr. Mukul Rohtagi, Sr. Adv. Mr. P.S. Patwalia, Sr. Adv. Mr. Aman Sinha, Adv. Mr. S.K. Pathak, Adv. Mr. Rajiv K. Singh, Adv. R-3 Mr. K. Parasaran, Sr. Adv. Mr. K.C. Mittal, Adv. Mr. Arvind Kumar Gupta, Adv. UPON hearing counsel the Court made the following O R D E R Mr. Fali S Nariamn, learned senior counsel WRIT PETITION (CIVIL) NO(s). 163 OF 2014 2 for the petitioners, at the outset, expressed the apprehension that Proclamation dated 16.2.2014 having been approved by both Houses of Parliament, it is likely to be understood that the power conferred on the President under Article 356(2) of the Constitution of India, particularity in view of the provision contained in Section 50(1) of the Government of National Capital Territory of Delhi

Act, 1991 (for short "1991 Act") is not exercisable.

2. We wanted to know from Mr. K.V. Vishwanathan, learned Additional Solicitor General whether the President has the power to revoke or vary the Proclamation under Article 356(2) of the Constitution of India in such circumstances. In response, he submits that in respect of an Order under Article 239AB, the provisions of Article 356(2) and (3) are applicable. He further submits that Article 356(2) of the Constitution clearly says that any Proclamation made under Article 356(1) may be revoked or varied by a subsequent Proclamation. His submission, WRIT PETITION (CIVIL) NO(s). 163 OF 2014 3

therefore, is that notwithstanding approval of such Proclamation by resolutions of both Houses of Parliament, the President may revoke or vary the Proclamation despite the provision contained in Section 50 (1) of the 1991. In this regard, he has referred to Section 50(1) of 1991 Act, Article 356(2) and Sections 14 and 21 of the General Clauses Act, 1897. 3. Having regard to the above legal position

explained by the learned Additional Solicitor General, which is broadly accepted by the learned senior counsel for the parties, we observe that there is no fetter or impediment for the President to exercise his power under Article 356(2) if it is so required having regard to the facts and circumstances of the matter concerning

4. We clarify that our observations shall not be construed as a direction to any authority to

Proclamation dated 16.2.2014.

act in any manner whatsoever.

5. All questions of law including the maintainability of the writ petition are left open WRIT PETITION (CIVIL) NO(s). 163 OF 2014 4 for consideration at a later stage. 6. List the matter on 5.5.2014.

(Pardeep Kumar) (Renu Diwan) AR-cum-PS Court Master