Question Q14GS2GS2
S.R. Bommai v/s Union of India suggested a paradigm shift in the judicial interpretation of the union's 'implied emergency powers in this context discuss the significance, authority to assume control of a state's administration.' In this context discuss the significance and impact of the judgement on cementing the federal structure.
Main Body
S.R. Bommai V/s Undying 1994 laid many basic guidelines through which India's federal structure became more stronger. Judicial interpretation & its impact (1) Federalism was made a basic structure of the constitutionhelped in Decentralization, Adorning to the basis of legislative, administrative and financial federalism. (2) Democracy & Democratic principles was made a law of base st. Impact Judiciary guided Union to sparingly use power of emergencyBy sirkha guiding [judiciary Activism]made union conscious to use the powers fairlyRelegated states autonomy andEnsuring cooperative federalismLimiting poles of parliament andthus ensuring cooperative federalismCooperative federalism
Democratic Decentralization was emphasized.Mere emphasis on devolution of power (3) Judiciary guided Union to sparingly use power of emergencyBy sparingly use Art 365 (Presdient rule) to assume power of state.made union conscious to use the powers fairly.relegated states autonomy andEnsuring cooperative federalismCooperative federalismLimiting poles of parliament andthus ensuring cooperative federalism D Secularism was also made a part of basic structure.strengthening and reassessing the state's impaired role in sphere of religion. (Art 25 to 28)Judiciary highlighted that 'Secular aspect of life should not be mixed with religion'
Cementing the federal structureLikening themselves to Basic structureBipartite power of parliament & state.Prescribed poles of parliament & state. Thus S.R. Bommai case relied in cementing the federalism by highlighting the various provisions of constitution & basic structure.
255 words1 paragraphs
Diagram
Diagram showing impact of S.R. Bommai case with federalism as basic structure, highlighting decentralization, power devolution, and evolution of democratic principles
Topper
THAKUR, ANJALI AJAY
AIR 432023
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Federal Structure and Separation of Powers
S.R. Bommai case and federal implications
Writing Stats
255
Total words
1
Paragraphs
analytical
Tone