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

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
Watch News Today