Facts for Prelims (FFP)
What is the case about?
The S.R. Bommai case (involving 9 judge bench) refers to the legal battle initiated by S.R. Bommai, the former Chief Minister of Karnataka after his government was dismissed in 1989 under Article 356 of the Constitution. The case, which concluded in 1994, resulted in a landmark Supreme Court verdict that restricted the arbitrary dismissal of state governments by outlining specific guidelines.
Important takeaways from the judgement:
- Clarified the scope of Article 356 of the Constitution and imposed restrictions on its use
- President’s Rule can only be imposed on a state’s failure of constitutional machinery and requires approval by both houses of Parliament within two months, renewable every six months.
- President’s power to dismiss a state government is subject to judicial review
- Emphasized the importance of the Assembly floor in testing the majority of a government
- It checked the power of Governors and upheld federalism in center-state relationships
Recent instances where the S.R. Bommai case principles were applied by the Supreme Court include:
- Goa Political Crisis (2022): The SC directed a floor test in Goa following the demise of the Chief Minister, emphasizing the Assembly’s role in proving the majority.
- Maharashtra Political Crisis (2019): During the turmoil, the SC stressed the need for a transparent floor test to ascertain the majority.
- Karnataka Political Crisis (2019): In response to MLA resignations, the SC directed a floor test to determine government legitimacy.
- Arunachal Pradesh Political Crisis (2016): The SC invoked Bommai principles to limit the Governor’s discretion and emphasize the Assembly’s role in proving the majority.
