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NausheenAIR 9· 2023

Question Q.14GS2GS2

S.R. Bommai v. Union of India signified a paradigm shift in the judicial interpretation of the union's 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. (Answer in 250 words) 15 marks.

Open scan (p.35)

Main Body

Federalism is defined as the coming together of centre and state polity to with adequate state polity to with adequate independence. S.R. Bommai v. Union of India and its significance: (1) On the appointment of governor in the state (Article 155): S.R Bommai case - SC held that the governor should be someone from outside the state with no connection with local politics. (2) On removal of the governor

SC upheld that IST(3) must not be misused. It held that in if the sacked governor came for justice then government will have to prove the necessity. (3) On use of Article 356 (President's Rule): SC in the case held that there must be compelling reasons for the imposition of President's rule in the state. (4) On governor's power of formation of government: It gave a fixed order, e.g., Pre-poll alliance the first mechanism to form a government. Cementing the federal structure

1Preventing governor from becoming an agent of the state. (2) Ensuring exercise of federal spirit by reducing interference of centre in state politics. (3) Ensuring continuity in paramount under state, e.g., In fact of losing of central party. (4) Providing a check on Presidents rule (assumed to be "dead letter" by B.P Ambedkar). Thus, SC along with punchhi and jarkaria commission have tried to put up a federal balance in India.
223 words1 paragraphs

Conclusion

SC along with punchhi and jarkaria commission have tried to put up a federal balance in India.

17 words

Diagram

Mind map showing 'federal structure upheld' with four branches: (1) Preventing governor from becoming an agent of state, (2) Ensuring exercise of federal spirit, (3) Ensuring continuity in paramount under state, (4) Providing check on Presidents rule

Topper

Nausheen

AIR 92023

Subject & Paper

GS2GS2

Topic

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

Federalism

S.R. Bommai Case and Federal Structure

Writing Stats

240

Total words

1

Paragraphs

analytical

Tone