Question

Which of the following statement(s) is/are part of Supreme Court judgment in S.R. Bommai vs Union of India case?

• A. Only 1
• B. Only 2 and 3
  
• C. Only 1 and 3
• D. All of the Above

Answer 1

The correct option is B Only 2 and 3


In S.R. Bommai vs Union of India, 1994 case Supreme Court held that:

1. A Proclamation under Article 356(1) is open to judicial review. If the presidential proclamation is held unconstitutional than the Legislature dissolved by the Presidents proclamation can be revived.
2. President cannot dissolve the legislature without having obtained the approval of both the Houses of the Legislature.
3. It also lies down that Floor test i.e not confidence motion should be held to prove that the state government is in minority.

The President’s satisfaction to declare Presidential Rule must be formed on relevant material.
Article 356 is an extreme power and is to be used as a last resort in cases.