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Part II - Gain Complete Insights into S. R Bommai Case
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This lesson is in continuance with the previous unit which dealt with the facts related to S.R Bommai case. One can come across the scope of judicial review of article 356 (1) in detail. Then this case is discussed with the reference to article 74 (2). The authority of union governance to warn state governments under article 355 are also discussed.

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

U
Unacademy user
Thank you sir very much.... Its been a long 1 month enriching journey with you. It helped me to retain hell lot of things in my subconscious mind.. So, I want to thank you from the bottom of my heart... May this journey of DNA on free platform by you continues forever. 🙏🙏🙏🙏🙏🙏
Sir your efforts are very authentic and it will surely help us in clearing this exam. Sir please suggest Mains strategy - like when to take test, how to begin and write a good answer and everything else which you feel what is raw that every sincere aspirant should know to achieve a decent score in mains exam. thanks in advance.
Bhavin Sangoi
3 years ago
Thank you for the appreciation. As far as answer writing is concerned. One should start it from the very first day of preparation. Don't think that I will write answers only after I study the whole syllabus, because that day will never come, the UPSC syllabus so vast that one can never be 100% satisfied with the preparation. Don't worry about the quality of answers or lack of content for writing answer nobody has written good answer in the first instance. Answer quality will gradually improve. You can start writing answers by reading daily secure initiative by Insights of India. There they put articles and editorials from various newspaper and also ask questions based on that. Read the articles and then attempt questions. This will also help you in forming regular habit of reading newspaper, if you already don't have it and will also help in improving answer quality. I am emphasising a lot on answer writing because this is one thing that I didn't do from the beginning, which costed me badly in exam.
Bhavin Sangoi
3 years ago
We don't get marks in exam for what we know, but we get marks for what we write. Of course good knowledge is essential for writing good answer. But without practice knowledge can't be translated into answer within 8 minutes under so much pressure. Apart from that join any one of the good test series. It will avail you required guidance. Lastly don't read too many books, stick to only few authentic sources. These are some of the advices which I am giving you from my mistakes.
These are golden words for me. After all what can be a better lesson other than learning from our own mistakes - and we are privileged to hear from you your own experience regarding what you have just told. As rightly pointed by you, we often get confused regarding which book to follow during our course of preparation and often end up studying through many of the sources completing none. For polity I am now solely relying on your videos on unacademy platform and I am keen to seek forward more subsequent videos covering every single aspect of polity that has been mentioned in the UPSC syllabus. That would be again a huge help to us and would enhance our knowledge base further and add more superior foundation to the already built strong base by you through the uploaded videos. Thanks for the valuable advice regarding answer writing practice and i appreciate your humbleness that you have mentioned Insights on India website on Unacademy.
Pp
superb nice really very useful...thank u a lot sir
Thank you so much sir
  1. Course Name: In-depth study of Centre State Relations Lesson Name: SR Bommai Case - |I 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. 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)


  4. 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


  5. 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.


  6. 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


  7. 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


  8. 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


  9. 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


  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).