Madras HC Rejects Petition On Minister Senthil Balaji’s Arrest, Confirms No Constitutional Breakdown

The Madras High Court has recently clarified that while it is the duty of the central government to declare an emergency under Article 352(1) of the Constitution.

Such an emergency can’t be declared in cases of internal disturbance without any armed rebellion.

In a plea filed by Varaaki, seeking the court’s intervention and the invocation of Article 355 read with Article 352 of the Constitution, claiming that the state of Tamil Nadu had failed in its constitutional duty, the court dismissed the plea.

The court observed that the central government also has the duty to declare an emergency under Article 356, but it would not be applicable if the internal disturbance has not resulted in the failure of the constitutional machinery.

The bench, consisting of Chief Justice Sanjay Vijaykumar Gangapurwala and Justice PD Audikesavalu, stated that if the facts presented by the petitioner were considered, the incident of income tax officials being mobbed and manhandled during the arrest of a minister would not amount to an internal disturbance under Article 355.

The court further explained that under Article 226, it does not have the power to direct the Centre to invoke Article 355, as it falls under the purview of policy decisions made by the executive. It emphasized that the current situation should be assessed by those more suited to make such judgments, and any direction from the court would violate the principle of separation of powers.

The bench pointed out that the expression “internal disturbance” implies domestic chaos that poses a security threat, and it requires a case of large-scale public disorder that disrupts the smooth functioning of administration and endangers the security of the state.

Therefore, the court concluded that the present set of facts did not fall within the scope of internal disturbance.

Meera Verma

Recent Posts

Centre Opposes Ex-Judges Panel To Monitor Stubble Burning In SC

The Centre on Friday opposed a proposal in the Supreme Court to form a committee…

7 hours ago

“It’s A Celebration For Us”: Delhi HC Bar Association Felicitates CJI Sanjiv Khanna

The Delhi High Court Bar Association on Friday honored Chief Justice of India Justice Sanjiv…

7 hours ago

International Criminal Court Issues Arrest Warrant For Israeli PM Netanyahu

The International Criminal Court has recently issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu,…

7 hours ago

Cal HC Stays Demolition Of Illegal Constructions In WB’s Mandarmoni

The Calcutta High Court on Friday granted an interim stay on the demolition of alleged…

8 hours ago

SC To Pass Order On Pleas To Efface Words ‘Secular’, ‘Socialist’ From Preamble

The Supreme Court on Friday announced that it would deliver its order on November 25…

8 hours ago

Air Pollution: SC Questions Delhi Govt On Truck Entry Amid GRAP-4 Restrictions

The Supreme Court raised concerns on Friday about the "drastic" consequences of the GRAP Stage…

8 hours ago