EA

Eshani AnandAIR 79· 2023

Question Q.14GS2GS2

एस.आर. बोम्मई बनाम भारत संघ वाद में एक landmark judgement दिया गया जो कि संघ की authority को take control of state administration पर निर्भर करते हैं। इस context में discuss करें कि judgement का impact कितना significant है वर्तमान federal structure को cement करने में? (250 शब्दों में उत्तर दीजिए) 15 अंक "S.R. Bommai v. Union of India signified a paradigm shift in the extent of union's authority to take control of state's administration." In this context discuss the significance and impact of the judgement on cementing the federal structure. (Answer in 250 words) 15 marks.

Open scan (p.33)

Main Body

S.R. Bommai v Union of India was a landmark judgement & gave a paradigm shift in the extent of union's authority in take control of state administration.

Facts of Judgement

with Union Control => relation of cases and state

Basis Rule => Role (2) Governor, Basis doctrine

1PRESIDENTS RULE:-

St stated that Use dixit (without Reason) and without sufficient reason may impose Constitution breakdown => it's unconstitutionalized

(I.2) The efficacy of Conviction and reasonableness is under judicial review

(I.3) The wrongful way of imposing Union control: -

a) without forbidding automatic alliances in floor of legislative

b) No postal & post-hoc alliance is ready to form government

c) Constitutional breakdown

d) Parliament must accept President rule resolution => to suspend legislative of state

e) of state carries out and accular activities.

2Role of Governor:

a) Governor cannot precipitate full breakdown of State against all law and intentional discretion.

b) State against all law and institutional discretion.

c) without reasonable proof

(1.4) President rule can be imposed:-

a) in case of disassembly

b) No portal & post-poll alliance is ready to form government

c) Constitutional breakdown

d) Parliament must accept President rule resolution => to suspend legislature of state

e) of state carries out and accular activities.

2Role of Governor:-

a) Governor cannot precipitate full breakdown of State against all law and institutional discretion.

b) State against all law and institutional discretion.

c) without reasonable proof

(1.4) President rule can be imposed:-

a) in case of disassembly

b) No postal & post-poll alliance is ready to form government

c) Constitutional breakdown

d) Parliament must accept President rule resolution => to suspend legislature of state

e) of state carries out and accular activities.

b) malpractices of political vendetta cannot be cause

c) without reasonable proof

(1.4) Presidents rule can be imposed:-

a) in case of disassembly

b) No portal & post-poll alliance is ready to form government

c) Constitutional breakdown

d) Parliament must accept President rule resolution => to suspend legislature of state

e) of state carries out and accular activities.

2Role of Governor:-

a) Governor cannot precipitate full breakdown of State against all law and institutional discretion.

b) State against all law and institutional discretion.

c) without reasonable proof

3Basic Structure Doctrine:-

a) in a state that secularism & federalism are part of basic structure of constitution

b) Of needs, court can also undo Supervision of legislature outcome State administration => UNITED

4Relation of Union authority and state administration:-

(4.1) State are not "satellites"

(4.2) Federalism is NOT coexistence but necessity

(4.3) Thus the sui generis federalism cannot unilaterally takeover state power

(4.4) They are sovereign within their territory within contest of constitution.

448 words14 paragraphs

Conclusion

Thus the sui generis federalism cannot unilaterally takeover state power. They are sovereign within their territory within contest of constitution.

20 words

Topper

Eshani Anand

AIR 792023

Subject & Paper

GS2GS2

Topic

Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances

Federalism

President's Rule and judicial review in federal structure

Writing Stats

468

Total words

14

Paragraphs

analytical

Tone