[Hindi text with English translation]: 'Judicial ideology of the union's authority to assume control of a state's administration.' In this context discuss the significance and implications of the structure.
Main Body
S.R. Bommai v/s union of India case, 1994, is considered a landmark judgment in Indian democracy and jurisprudence. In this case, supreme court utilized the doctrine of basic structure to curb arbitrary action of the centre to impose President's rule in the state of Kerala. Some of the highlights of judgment are: No arbitrary action by Governor & the Governor can't recommend President's rule on arbitrary grounds. (2) Majority rest only on floor of house & confidence/no. confidence to be decide in assembly. This Bommai judgment evinced the misuse of instrument of President's rule (Art 356) which has been applied nearly 100 times. Post judgment there has been a marked decline in usage of President's rule history. Other important features: Added the following to basic structure federalism, secularism, social justice, socialism. The most comprehensive addition to the list of basic structure by judiciary. evinced the place of federalism as a non-violable
feature of the constitution which can't be tempered upon by centre/Governor. Significance of judgment: made constitution surety a living document & by creative interpretation. Strengthening democratic virtues & is pushing authoritarianism that can trample federalism. Establishing federal balance & preventing over centralization.
Abhimanyu Malik
Executive, Judiciary, Ministries and Pressure Groups
Executive
Union's Authority to Assume Control of State Administration
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