'The President should go much further'

Ram Jethmalani

Under the Constitution, the President can only refer the Cabinet's recommendation back to the Cabinet once. If the Cabinet returns the recommendation back to him, he is constitutionally bound to give its his assent. In all matters, the President is bound by the Cabinet's second advice.

Except when the recommendation made is unconstitutional. The President is not bound by any advice or recommendation made outside the preview of the Constitution.

I don't know if the President will be party to this decision to impose central rule in Uttar Pradesh. Undoubtedly, the President has taken a strong stance to put some sense in the government. But he should go much further. He should refuse to be bound by any outside advice. Even if he has to face impeachment. Let the nation decide.

If this does not happen, this will result in a severe backlash all over the country. The decision to impose President's rule in UP is a manifestation of the misuse of the Constitution. And complying with the wishes of an old man in the Congress.

The celebrated lawyer spoke to Archana Masih