Case Summary: S.R. Bommai & Others vs Union of India & Others (1994)
(1994) 03 SC CK 0028
In The Supreme Court of India
Case No: Civil Appeal No. 3645 of 1989, with (T.C. (C) Nos. 5 to 9 of 1993; C.A. Nos. 193, 194, 1692, 1692A, 1692C and 4627-30 of 1993 and I.A. No. 4 in C.A. No. 1692 of 1993)
S.R. Bommai and others - APPELLANT
Vs
Union of India and others etc. etc. - RESPONDENT
Date of Decision: 11-03-1994
Name of the Court
The Supreme Court of India
Citations
AIR 1994 SC 1918; (1994) 2 JT 215; (1994) 2 SCALE 37; (1994) 3 SCC 1; (1994) 2 SCR 644
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Facts of the Case
This landmark case dealt with the constitutional validity and scope of Article 356 of the Indian Constitution in the context of the dismissal of state governments and dissolution of state legislative assemblies by the Union Government. Several state governments were dismissed invoking Article 356(1), citing a breakdown of constitutional machinery. The petitions challenged whether the President's power under Article 356 was absolute or subject to judicial review.
Law Points Raised
1. Whether the President's satisfaction under Article 356(1) is subject to judicial review.
2. Scope and limits of the judicial review in relation to a proclamation issued under Article 356.
3. Interpretation of 'a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution'.
4. The balance between state autonomy under the federal structure and Union intervention.
Acts / Provisions / Articles Referred
Constitution of India, 1950 — Articles 4, 40, 48(2), 58(2)(b), 74(1), 74(2), 112(2)(b), 268, 269, 277A, 278, 278A, 352, 353, 354, 355, 356, 357, 358, 359, 360.
Defence of India Rule, 1971 — Rule 114(2)
Government of India Act, 1935 — Sections 10(4), 45, 51(4), 93
Government of India Act, 1919 — Sections 52(3), 72
Indian Evidence Act, 1872 — Sections 106, 114(e), 123, 124
Representation of the People Act, 1951 — Sections 29A, 123(3), 123(3A)
Companies Act, 1956 — Sections 237, 237(b)
Northern Territory (Self-Government) Act, 1978 — Section 33
Judgements Referred
Multiple precedents concerning judicial review and constitutional interpretation of emergency powers were discussed.
Obiter Dicta
The Court emphasised that Article 356 must be used sparingly and only in cases where there is a genuine breakdown of constitutional machinery. The power is not absolute and is subject to judicial scrutiny to prevent its misuse for political purposes.
Ratio Decidendi
The President's proclamation under Article 356(1) is subject to judicial review. The Court can strike down such a proclamation if it is found to be mala fide or based on irrelevant or extraneous grounds. The federal structure and state autonomy are integral to the Constitution and cannot be undermined without valid cause.
Final Ruling
The Court upheld the validity of judicial review over Article 356 proclamations and laid down guidelines to prevent its misuse. Some proclamations in question were struck down, and the dismissed governments were restored in certain cases.
Relevant Paragraph Numbers
Key references: Paras 82, 378, 434, 454, 459, 490, 511, 531, 552, 567, 584.
Summary
S.R. Bommai vs Union of India is a seminal judgment reinforcing the principles of federalism, democratic governance, and the rule of law in India. It clarified the scope of Article 356, emphasising that it is not an absolute power of the Union but is subject to judicial review to safeguard state autonomy.
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