N.K.Assumi (Advocate) 22 June 2009
If the central Government adviced the State to dissolve the state assembly and seek fresh mandate before the expiry of its term or to impose Article 356 of the Constitution of India, can the State file declaratory suit or injunction against the Central Government?
Manish Singh (Advocate) 23 June 2009
Dear Sir,
the query was really interesting and made me read a lot to go into it. what i found out that initially the SC had been avoiding to get into the conflict between the Unin and State govts under Art 356 and the union was left free to misuuse the said powers but after Bommai Case the scenes have changed and now th court scrutinises the orders under Art 356 and have laid down certain guidelines.
regarding declatory suit, the high court has wide powers under Art 226 to issue any other kind of order or direction whih means it can and have decalred (Allahabad HC) dthat the orders of the Union under Art 256 was arbitary.
injunction too lies against the Union. But it is evident that the State Govt Can not ask for any o these directions in the HC. the directions must be sought by some person.
the state can only go to the SC, if dispute arises between him and the Union, for any direction
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