UNDER ARTICLE 356(1) OF THE INDIAN CONSTITUTION
BENCH: S.R. Pandian, A.M. Ahmadi, Kuldip Singh, J.S. Verma, P.B. Sawant, K. Ramaswamy, S.C. Agrawal, Yogeshwar Dayal, B.P. Jeevan Reddy
FACTS:
- The Petitioner, S.R. Bommai was the Chief Minister of the Janata Dal government in Karnataka from August 13, 1988 and April 21, 1989.
- Several members of the party left which arose a question as to majority party in the government
- Petitioner put forward a few propositions to the Governer to call and test the strength of the government through the floor test however the suggestions were ignored by the Governor
- Petitioner’s government was dismissed on April 21, 1989 under Article 356 of the Constitution and the President’s Rule was imposed
- The Karnataka High Court ruled in favour of the Governor holding that the facts as per the Governor’s report could not be irrelevant and were duly examined.
ISSUE:
- Whether the President’s Rule imposed in the 6 states was constitutionally valid
- Whether the President has unfettered powers to issue a proclamation under Article 356(1)
PETITIONER’s CONTENTIONS:
- That the Petitioner was not given an opportunity to prove the majority of the government
- That the imposition of President’s rule under Article 356(1) was malafide
RESPONDENT’s CONTENTIONS:
- That the proclamation can be issued under Article 74(1) based on advice of the council
- That Judicial review of the reasons leading to issuing a proclamation under Article 356 is barred
JUDGEMENT:
The verdict of the Supreme Court concluded that the power of the President to dismiss a State government is not absolute. Further, the President should exercise the power only after his proclamation is approved by both Houses of Parliament. Until then, the President can only suspend the Legislative Assembly by suspending the provisions of Constitution which relate to the Legislative Assembly. The proclamation lapses if it is not accepted by both the houses of the Parliament within 2 months. The Apex court also stated that the proclamation under Article 356 can be subjected to judicial review.
