Can the Union government dismiss an elected state ministry merely because political leaders claim it has lost support?
S. R. Bommai v. Union of India (1994) explained in simple English - Article 356. Part 21 of 40 in Law Easy's Constitutional Case Laws series for LL.B., CLAT PG, UGC NET Law and judiciary preparation.
THE FACTS
Article 356 allows President's Rule in a state when the constitutional machinery has failed - an exceptional power. Earlier, central governments had sometimes dismissed elected state governments based on disputed political claims. S. R. Bommai, a former Chief Minister of Karnataka, challenged the use of that power.
THE LEGAL QUESTION
When can President's Rule be imposed under Article 356, and can courts review the proclamation?
WHAT THE SUPREME COURT HELD
A nine-judge bench held that a proclamation under Article 356 is subject to judicial review: courts can examine whether relevant material supported the decision and whether constitutional limits were respected, without replacing every political judgment with their own. The proper place to test a government's majority is ordinarily the floor of the assembly. The judgment also recognised secularism as a basic feature of the Constitution.
KEY POINTS TO REMEMBER
- Judicial review of the President's Rule proclamation
- Floor test in the assembly, not a private assessment outside it
- Secularism as part of the basic structure; federal balance between the Union and the States
FOR YOUR EXAM
An elected state government cannot be dismissed through arbitrary use of emergency power. Remember the three connections: Article 356, federalism and secularism.
CONTINUE THE SERIES
Next, Part 22: AMU Minority Status Case | Aligarh Muslim University v Naresh Agarwal (2024)
https://youtu.be/OxuFkwtnz0U
Related, Part 7: Kesavananda Bharati Case Explained | Basic Structure Doctrine (1973)
https://youtu.be/dOZtxbT8gmY
Related, Part 8: Indira Nehru Gandhi v Raj Narain (1975) | Article 329A & Basic Structure
https://youtu.be/Z8OOMZvA9DQ
All 40 Constitutional Case Laws (playlist):
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Complete lecture, all 40 cases in one video:
https://youtu.be/oUrSfn3wp8s?t=2755 (this case starts at 45:55)
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