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| Name | SR Bommai v s State Of Karnataka 1994 | President’s rule | Article 356 | #UPSC #IAS #CSE #OnlyIAS |
| Video Uploader | Video From PW OnlyIAS |
| Upload Date | This Video Uploaded At 02-04-2021 10:07:53 |
| Video Discription | SR Bommai Case – Background SR Bommai was the Karnataka Chief Minister between August 1988 and April 1989. He led a Janata Dal government, which was dismissed on 21st April 1989 when President’s Rule (Article 356) was imposed in Karnataka. Until that time, imposing Article 356 on states ruled by the opposition parties (to the one at the centre) was a common practice. In this particular case, the Bommai-led government was dismissed on the grounds that he had lost his majority because of several defections (that were politically motivated and master-minded). Even though Bommai presented the then Governor P Venkatasubbaiah with a copy of the resolution passed by the Janata Dal Legislature Party, he was denied an opportunity to prove his majority in the house. Bommai first went to the Karnataka High Court against the Governor’s decision. However, his writ petition was dismissed by the High Court. Then, Bommai moved the Supreme Court of India. This case took almost five years to see judgement. In March 1994, a nine-judge constitutional bench of the SC gave the landmark judgement, which would go on to become one of the most widely cited one with respect to Article 356 and its arbitrary usage by the Central government. Disputes raised due to SR Bommai case The SR Bommai case raised questions on the proclamation of President’s rule in a state. The Supreme Court had to discuss the grounds and the extent of the imposition of President’s rule in a State. Questions were also raised whether the imposition of President’s rule is challengable. Bommai Case Judgement This landmark verdict put restrictions on the centre for imposing the President’s Rule on states. It said that the power of the President to dismiss a government of a state is not absolute. It said that the President should use this power only after his proclamation (of imposing President’s Rule) has been approved by both Houses of the Parliament. Until then, the President can only suspend the Legislative Assembly. In case the proclamation does not get the approval of both the Houses, it lapses at the end of a period of two months, and the dismissed government is revived. The suspended Legislative Assembly also gets reactivated. The SC also stated that the proclamation of the imposition of Article 356 is subject to judicial review. SR Bommai Case Significance This case ended the practice of arbitrarily dismissing the state government by the central government. Earlier, political parties used this mechanism given in the Constitution to get political mileage and settle scores with opposition parties. The Bommai verdict restricted this practice to a large extent. The verdict also stated in no uncertain terms that the test of majority of the government should be done in the floor of the Assembly and is not subject to the Governor’s opinion. In this case, there was no question of a constitutional amendment but even so, the concept of basic doctrine was applied. The Supreme Court held that policies of a state government directed against an element of the basic structure of the Constitution would be a valid ground for the exercise of the central power under Article 356. Join the various courses at https://video.onlyias.in/ You can send your queries at Info@onlyias.com For Course related information, you can call at 7007931912 Join this channel to get access to perks: https://www.youtube.com/channel/UCh4f... Join this channel to get access to perks: https://www.youtube.com/channel/UCh4f... Please see this video to download PDF == https://www.youtube.com/watch?v=TZCtv... Download the PDF at https://t.me/onlyiasnothingelse or http://onlyias.com/downloads/ Subscribe to http://www.onlyias.com/ Like us at https://www.facebook.com/ONLYIAS02/ UPSC Environment mains visit - https://bit.ly/3rpbdfw Indian Economy UPSC Mains visit - https://bit.ly/3nM1i1t UPSC Environment mains visit - https://bit.ly/3rpbdfw UPSC Civil Services discussion visit - https://bit.ly/34GhsC1 Niti Aayog strategy for new India @ 75 visit - https://bit.ly/3rri4Vx UPSC Civil Services Mains Paper 3 visit - https://bit.ly/3mQ3m6Z India and its neighborhood- relations UPSC mains visit - https://bit.ly/34ImHRt Previous year UPSC Civil Service Questions visit - https://bit.ly/3pfyjTK Effect of policies and politics of developed and developing countries visit - https://bit.ly/3piybmE Society UPSC Mains visit - https://bit.ly/3pliZFn Governance UPSC discussion visit - https://bit.ly/3az2X6G Science and Technology Mains UPSC paper discussion visit - https://bit.ly/2Jfvm6n Polity Civil Service Paper discussion visit - https://bit.ly/37HCNNc Agriculture UPSC Mains discussion visit - https://bit.ly/3nO9ZYP Ethics UPSC paper discussion visit - https://bit.ly/3hdF99y TRIBES IN INDIA visit- https://bit.ly/3mMpMq3 International Organisation visit- https://bit.ly/37IM3kc Bilateral, regional and global groupings and agreement visit- https://bit.ly/2WHmc5N |
| Category | Education |
| Tags | Supreme court UPSC | landmark judgement | judgement by the Supreme Court | UPSC | CSE | UPSC CSE 2021 | Crack UPSC CSE | Crack UPSC CSE 2022 | ONLYIAS | sr bommai | president rule | article 356 | onlyias UPSC |
