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.
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
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
Nausheen
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
S.R. Bommai Case and Federal Structure
240
Total words
1
Paragraphs
analytical
Tone