Can Supreme Court dismiss state govt?

Whether a president can dissolve the legislature without having obtained the approval of both the Houses of the Legislature. It was contended that Secularism being a basic feature of the Constitution, a State government can be dismissed if it is guilty of nonsecular acts.

Can Indian Supreme Court dismiss a government?

Can supreme court of India dismiss the central government? – Quora. Yes. If the government is elected unconstitutionally. In 1975, Allahabad High Court had dismissed Indira Gandhi leads Congress government for election fraud.

Can the court remove government?

The Supreme Court on Wednesday said that a government on its own cannot be allowed to withdraw criminal cases and it can be done only after the approval of the high court concerned. “The government orders do not give any reasons for withdrawal of the case under section 321 of CrPC.

What power does the Supreme Court have over state legislature?

judicial review
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v.

Who can dismiss a state government?

Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.

Can the governor dismiss state government?

Legislative powers The governor can even dissolve the State Legislative Assembly. These powers are formal and the governor’s use of these powers must comply with the advice of the Council of Ministers headed by the Chief Minister.

Can Supreme Court ruling be overturned?

When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.

Can Supreme Court repeal a law?

Supreme Court cannot repeal an act. Because it is a legislative function. Supreme Court can only strike acts or some provisions under the acts provided these acts violate either the Indian Constitution or the Basic Structure of Indian Constitution.

Can Supreme Court make a law?

Law and order are the prerogatives of the government, but the Constitution of India also provides that if the government is not able to handle the law and order, the Supreme Court can intervene. Therefore, the Supreme Court can make the final interpretation of the laws.