Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


In analysing the above statement ,we say that - Is imposing  presidential rule in state has got some similarity to the principles of arrest in criminal law or it is different.
 

We say because while effecting arrest in normal circumstances by concerned legal officer,we say power to arrest is one thing and reason to use that power is another thing.Also post arrest the  individual is in the state of duress that is his personal liberty is under the command of others.At the same time it is also said that when the individual rights are under stake via a vis to society rights,he must give away or the smaller cause must give way to bigger cause.
 

With the above observations we like to analyse can the imposition of President ial can be termed as the state of political arrest.
    

Taking the reasoning further on the differences between two that,while individual arrest is administrative action of arrest and imposing presidential rule is a constitutional safeguard to protect the democracy ,economy,sovereignity and constitution at top.There is elaborate pre-procedural step requirement, post procedural requirements and also the time limit to which it can be maximum imposed,also as the head of state has to work with the advice of council of ministers so it is just a state of eclipse for constitutionally limited time period.
 

Even though elaborate procedures are laid down, in both the situation there is elements of subjectively involved over the reading of objective parameters.In both the case courts take cognizance ,while in individual arrest -it is mandatory but for the other when being challenged over the reading of circumstances essentiality as laid down in constitution.
 

Another important thing is in one case it is the body which is placed under custody but in case of other it is the government involved but government itself is a virtual body bearing a legal personality capable of being put in the state of duress by taking away its liberty (functional) by the other body.
  

With all the reasoning as discussed above it can be said, though a matter of debate that implementing a presidential rule can be called political arrest to protect the constitutional mechanism and principles in state.


"Loved reading this piece by ROHIT GUPTA?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Others, Other Articles by - ROHIT GUPTA 



Comments


update