Judicial scrutiny of proclamation

Earlier, President's 'satisfaction' amounted to 'subjective satisfaction', which could not be challenged in a court of law under any circumstances. But Supreme Court in the Minerva Mills case held that there is no bar to judicial review of the validity of a Proclamation of Emergency issued by the President under Article 352 (1). Constitutionality of Proclamation can be questioned in the court of law on the grounds of mala-fide intention.

However, court's power is limited only to examining whether the limitations conferred by the Constitution have been observed or not. Court cannot go further into question of correctness of the facts and circumstances on which the satisfaction of the Government is based.