Bommai Case

 

SR Bommai vs the Union of India is one of the landmark judgements discussing the provisions of Article 356 of the Indian Constitution. It throws light upon the centre-state relations. This very judgement tried to prevent the misuse of this article, that allowed imposition of President’s rule in the state governments.

  1. Judicial review shall be applicable to the proclamation of the president calling for President’s rule in a state.
  2. Relevant material is necessary for the satisfaction of the president to apply president’s rule. The satisfaction of the President must be based on relevant material. In case the court find out that the President’s action was based on extraneous grounds, it could be struck down or declared mala fide.
  3. The centre shall bear the burden of proving that sufficient and relevant materials exist for justification of imposition of President’s Rule.

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