What HC did?
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Several habeas corpus petitions filed by relatives of persons remanded in judicial custody.
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AP HC suo motu summoned State Counsel asking him to assist in deciding whether there is a constitutional breakdown in AP requiring a President’s Rule.
Issue:
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Article 356 deals with the failure of constitutional machinery in a State and the power to impose President’s rule exclusively vests in the Executive.
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The power in this regard, like sending a report either to the Hon’ble President or to the Hon’ble Governor or to record a finding in that regard, cannot be exercised by the judiciary.
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HC order is a serious encroachment on the powers of the executive as enumerated in the Constitution and thus violative of the doctrine of separation of powers.
SC order:
The Supreme Court termed interim order passed by the Andhra Pradesh High Court as disturbing and stayed the order.
Note: It is a classic example of judicial overreach and can be used in answers related to judiciary.