Course Name: In-depth study of Centre State Relations Lesson Name: SR Bommai Case - |I PRESENTED BY BHAVIN SANGO
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
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)
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
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.
Question of Basic structure The doctrine of basic structure can be invoked for exercising power under article 356, and the secularism is a part of the basic feature of the constitution of India
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
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
Necessity of the floor test The question that whether the Council of ministers enjoys the confidence of the House or not should be settled only on the floor of the House
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).
BA Political Science and Psychology, Mumbai University. Teaching Polity, Economics and international relations for 7 years.