Context:
SR Bommai judgement completes 30 years.
SR Bommai Judgement:
- Background – In 1989, Karnataka Governor had recommended to impose President’s Rule in the state and the recommendation was challenged in the Supreme Court.
- Judgement –
- Laid down the scope of Article 356 of the Constitution and defined certain restrictions on its imposition.
- President’s power to dismiss a state government is not absolute
- It is subject to judicial review on grounds of illegality, malafide, extraneous considerations, abuse of power, or fraud.
- President can dissolve the state legislative assembly only after approval of proclamation by the Parliament. Till then, State Legislative Assembly can only be suspended.
- Suspended government would be automatically reinstated, if parliamentary approval is not obtained within 2 months
- Article 356 –
- Deals with – President’s Rule
- Declared on the grounds of – Failure of the constitutional machinery.
- Parliament approval – Proclamation for President’s Rule must be approved by both houses of Parliament within 2 months
- Further, it requires approval every 6 months for continuance.
Source: Hindustan Times
Previous Year Question
Consider the following statements:
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
2. The Constitution of India provides for ‘judicial review’ to safeguard the ‘citizens’ liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is/are correct?
[UPSC Civil Service Exam – 2020 Prelims]
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (d)
Explanation:
Statement 1 is incorrect. The Indian Constitution does not define the term ‘basic structure’. It is a judicial tool that was coined by the Supreme Court of India in the Kesavananda Bharati case, 1973.
Statement 2 is incorrect. There is no explicit provision in the Indian Constitution for judicial review.
