SR Bommai vs. Union of India 1994

    Facts of the case:-

    S.R. Bommai vs Union of India case verdict - The Hindu
    SR Bommai was the chief minister of the Janata Dal government in Karnataka

    SR Bommai was the chief minister of the Janata Dal government in Karnataka between Aug 13, 1988, and April 21, 1989. His government was disposed of in April 1989 & later President’s rule was imposed.

    The reason behind his government being dismissed was that he lost the majority after the large-scale defections from the present day party leaders. The governor of Karnataka didn’t give Bommai a chance to test his majority in the assembly. Instead, the assembly gave him a copy of the resolution passed by the legislature party of Janata Dal.

    Bommai went to the court against Governor’s decision, and he also recommended President’s rule in the State but Karnataka High Court dismissed his petition so he went to the apex court, Supreme Court.

    Issues raised in SR Bommai vs. Union of India:-

    This case raised two important questions. First was whether President’s proclamation under Article 365 was justified or not and if yes then to what extent.

    The second was whether the President has powers to proclaim Article 365(1) or not.

    Background and provisions used:-

    Article 365 deals with the imposition of the President’s rule over a state government. When a state is under President’s rule, the elected state government is dismissed and the council of ministers is suspended at the legislature, and the administration of the state is directly controlled by the governor of the state. The imposition of the President’s rule negates the federal character of the Indian Constitution.

    It is also a conclusive factor in preventing the democratic doctrine of popular sovereignty because an elected government is suspended, For these reasons, Article 365 was always controversial. Dr.BR Ambedkar, the chairman of the drafting committee stated this Article as a dead letter of the constitution. He said that this Article should stay a dead letter but if they come into operation anyhow, President will take proper precautions before suspending any administration of provinces.

    Before the judgment of Bommai’s case, this Article was always abused to dismiss the state government controlled by a political party opposed to the ruling party at the center.

    Judgment:-

    SR Bommai vs. Union of India
    SR Bommai vs. Union of India – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government.

    The Judgment of this case was passed on March 11, 1994, by a nine-judge Constitution bench of the Supreme Court. The order put an end to arbitrary dismissal of state government under Article 356 by spelling out some restrictions.

    The verdict concluded that the power of the president to dismiss the state government is not absolute. He should exercise his power only after the proclamation is approved by both the houses of parliament until then he can only suspend the legislative assembly of the state by suspending the provisions of the constitution related to the legislative assembly. If both the houses of parliament disapprove of the proclamation, it will lapse itself after the term of two months. Such proclamation under Article 356 will be subject to judicial review.

    Significance of the case:-

    This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government. It is only the assembly as the platform for the testing majority of the government and not the opinion of the governor who is referred to as an agent of the central government. If the opinion of the governor is taken into consideration then the chief minister of every state will discharge their functions in fear of proclamation because the certainty of his power will be lost and this will distract him from discharging his constitutional functions properly towards his target for the state.

    The first impact of the verdict seen:-

    The impact of this verdict was first seen in the case of the AB Vajpayee government in 1999. Rabri Devi’s government was sacked on February 12, 1999, and was reinstated on 8 March 1999 when it became certain that the central government in Rajya Sabha will be defeated. Later whenever such government formation came up, it was the Bommai case that was quoted most in such verdicts.

    SR Bommai vs. Union of India – chief minister of the Janata Dal government – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government. SR Bommai vs. Union of India – chief minister of the Janata Dal government – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government.

    SR Bommai vs. Union of India – chief minister of the Janata Dal government – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government. SR Bommai vs. Union of India – chief minister of the Janata Dal government – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government.

    SR Bommai vs. Union of India – chief minister of the Janata Dal government – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government. SR Bommai vs. Union of India – chief minister of the Janata Dal government – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government.

    SR Bommai vs. Union of India – chief minister of the Janata Dal government – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government. SR Bommai vs. Union of India – chief minister of the Janata Dal government – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government.

    SR Bommai vs. Union of India – chief minister of the Janata Dal government – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government. SR Bommai vs. Union of India – chief minister of the Janata Dal government – This case is significant in a way that it put an end to the arbitrary dismissal of state government by the central government.