If this energy weren't conceded to the court, the very energy of judicial overview can be rendered nugatory and the whole exercise meaningless. On this regard the Court held that the Court may have power by an interim injunction, to restrain the holding of contemporary elections to the Legislative Assembly pending the final disposal of the problem to the validity of the proclamation to avoid the fait accompli and the treatment of judicial evaluate being rendered fruitless. The validity of the Proclamation issued by the President beneath Article 356(1) is judicially reviewable to the extent of inspecting whether or not it was issued on the premise of any material at all or whether the fabric was related or whether the Proclamation was issued in the malafide exercise of the ability. It was contended that because the Proclamation under Article 356(1) could be issued by the President on the recommendation 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 query whether or not any, and if so, what recommendation was tendered by Ministers to the President, judicial review of the explanations which led to the issuance of the Proclamation also stands barred.
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