S.R. Bommai judgement (1994) by nine judge bench of Supreme Court (SC) completes 30 years | Current Affairs | Vision IAS
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    S.R. Bommai judgement (1994) by nine judge bench of Supreme Court (SC) completes 30 years

    Posted 11 Mar 2024

    Updated 27 Mar 2024

    2 min read

    • It laid down the scope of Article 356 of the Constitution and defined certain restrictions on its use. 
      • Under Article 356, President's Rule can be imposed on any state on the grounds of the failure of the constitutional machinery.
      • Proclamation for President’s Rule must be approved by both houses of Parliament within two months, or it ceases to exist
      • Further, such proclamation requires approval every six months for continuance. 
         
    • Background of the case:
      • In 1989, Karnataka Governor had recommended to the President to impose President’s Rule after withdrawal of support to ruling party by 19 MLAs.
      • The case went to SC, which also reviewed similar cases in Meghalaya, Nagaland, Madhya Pradesh, Rajasthan and Himachal Pradesh.
         
    • Key Highlights of the judgement
      • President’s power to dismiss a state government is not absolute and subject to judicial review on grounds of illegality, malafide, extraneous considerations, abuse of power, or fraud.
        • It overruled State of Rajasthan Vs Union of India (1977) judgement.
      • President can dissolve the state legislative assembly only after approval of proclamation by the Parliament. 
        • Till then, state Legislative Assembly can be suspended.
      • Suspended government would be automatically reinstated, if parliamentary approval is not obtained within 2 months.

         

    Significance of the Judgement

    • Checks the power of the Governor in a state.
    • Upheld Federalism by drawing a redline for centre-state relationships.
    • The Assembly floor is made the testing ground for the majority of a government.
    • Tags :
    • State of Rajasthan Vs Union of India
    • SR Bommai
    • power of the Governor
    • President's Rule
    • Article 356
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