Question Q13GS2GS2
S.R. Bommai V. UoT - Signified a parallel shift in judicial interpretation of Union's authority to assume control of State's administrations. In this context discuss the significance & impact of the judgement on cementing the federal structure.
Main Body
S.R. Bommai Judgement of 1994 is a landmark case which strengthened Indian federalism. Significance: (1) Judicial review: President's power to impose president rule is subject to judicial review. (2) Relevant material: President to use 'relevant material' to justify imposition of Article 356. (3) Federalism: was declared as basic structure.
4Floor of the house: should be used by governor to test the majority of government. (5) President can dismiss state government only when both house approves it & then just suspend. (6) Case of (Proper & Improper) use of Article 356: Guidelines issued by SC to governors. for eg: Proper use: when hung assembly or Malaluja in state & governor or Corruption, can't find any difficult financial position of state etc. | Improper use: or Corruption, can't find any difficult financial position of state etc. Impact of Judgement: Positive: Uphold Constitutionalism Limited government, Rule of law, Saving federal Spirit, Bring more stability to state government. | Negative:
Positive impact: () Upholds Constitutionalism Limited government, Rule of law, Saving federal Spirit, Bring more stability to state government. Negative impact: () PSC judgments are ignored by Centre. eg., maharashtraNo testing majority on floor house. Curt. () Governor's day to day interference in state's governance. for eg., P.N. Rai' in Tamil Nadu, Delhi' L.G etc. Way forwardmaintain balance of power 'Punchh Committee' fixed tenure for Governor2nd ARC making Governor independent use A 356 in 'bare case' status. Bommai case is significant but more Political recourse from Union for true federalism.
253 words1 paragraphs
Conclusion
Bommai case is significant but more Political recourse from Union for true federalism.
13 words
Topper
Abhishek Singh
2023Polity
Subject & Paper
GS2GS2
Topic
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
S.R. Bommai Case
Writing Stats
266
Total words
1
Paragraphs