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Part I - Gain Complete Insights into S. R Bommai Case
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This lesson deals with all the facts and aspects related to landmark judgement of the SR Bommai case. As the lesson begins, Bhavin takes you through the background of this case. Then he sheds light on the slew of proclamations occurred due to this case in various states of India. The real-time incidents which fall under violation of secularism are also discussed. The power of article 356 is also described in the end.

Bhavin Sangoi
BA Political Science and Psychology, Mumbai University. Teaching Polity, Economics and international relations for 7 years.

U
Unacademy user
mem your course is Good please make a course for ibps po thanks
very informative course! thanks
Hello sir ,will you please clarify why President rule was imposed (though for a short period) in erst while AP , just before the bifurcation and also why it is continued for some period in AP after bifurcation
Hello Bhavin.....Last year during reservation movement in haryana there were large scale violence took place...can this be treated as breakdown of constitution machinery and president rule could be imposed ??
Bhavin Sangoi
3 years ago
If situation results in large scale civil war then it can be treated as breakdown of constitutional machinery. But in Haryana Army was already called, and situation gradually came into control, so there was no point in imposing President's rule. Because Army is the last instrument that even center can use.
Great plzz make more videos..
sir ur videos are very much useful to us.... plz make videos of local self government
  1. Course Name: In-depth study of Centre State Relations Lesson Name: SR Bommai Case PRESENTED BY BHAVIN SANGO


  2. About me B.A in Political Science & Psychology Appeared in UPSC CSE Mains VTeaching Indian Polity, International Relations, economics &mental Ability since 5 years Experience of teaching for various competitive exams such as NTSE, CET & UPSC Course Fee: CONTRIBUTE Follow me on: https://Unacademy.in/user/BhavinSangoi


  3. Background On 20th April 1989, President's rule was imposed in Karnataka on governor's report Governor's report was based on dubious claims of single MLA CM SR Bommai wasn't given chance to prove majority on the floor of House


  4. Slew of proclamations Petition was filed in SC on 26th April 1989, challenging this proclamation In the meantime such proclamations were issued in Meghalaya (October 1991), Madhya Pradesh, Rajasthan and Himachal Pradesh


  5. Violation of Secularism BJP Governments were suspended on the grounds of violation of principle of secularism after the demolition of disputed structure of Babari in 1992


  6. Interpretation of Breakdown Article 356 is an extreme power and is to be used as a last resort in cases where it is maniest that there s a complete impasse and the constitutional where it is manifest that there is a complete impasse and the constitutional machinery in a State has collapsed.


  7. The scope of Judicial Review The Proclamation under Article 356(1) is not immune from judicial review. The SC or the HC can strike down the Proclamation if it is found to be mala fide or based on wholly irrelevant or extraneous grounds. The deletion of clause (5) [which was introduced by the 38th (Amendment) by the 38th (Amendment)


  8. Continued Act] by the 44th Constitution (Amendment) Act, removes the cloud on the reviewability of the action. The Union of India has to produce the material on the basis of which action was taken. It cannot refuse to do so, if it seeks to defend the action. The court will not go into the correctness of the material or its adequacy


  9. Article 74(2) Article 74(2) merely bars an enquiry into the question whether any, and if so, what advice was tendered by the Ministers to the President. It does not bar the Court from calling upon the Union Council of Ministers to disclose to the Court the material upon which the President had formed the requisite satisfaction The material on the basis of which advice was tendered does not become part of the advice.


  10. Appropriate time for the dissolution of legislative Assembly The President shall exercise it only after the Proclamation is approved by both Houses of Parliament under clause (3) and not before. Until such approval, the President can only suspend the Legislative Assembly by suspending the provisions of Constitution relating to the Legislative Assembly under sub-clause (c) of clause (1).


  11. Need for warning by Center If the Union Government feels that governance of state is not being carried on in accordance with the provisions of Constitution, that it should first issue a warning under Article 355, and if even after such warning State government doesn't take any corrective measures only then proclamation should be issued under Article 356