Analyse the Supreme Court Judgement on Art 356 of the Indian constitution, delivered on March, 1994 (ACF 2018)

• The Supreme Court of India delivered a landmark judgment on Article 356 of the Indian Constitution in March 1994. 
• The judgment, which is known as the S.R. Bommai case laid down a number of important principles regarding the use of Article 356.

Article 356

• Article 356 of the Constitution gives the President of India the power to dismiss a state government and impose President’s Rule. 
• The President can only use this power in certain limited circumstances, such as when the state government is unable to function or when it is acting in a manner that is opposed to the Constitution.

S.R. Bommai case

The Supreme Court in the S.R. Bommai case held that the President must satisfy certain conditions before using Article 356 :

• The President must be satisfied that the state government is unable to function or is acting in a manner that is opposed to the Constitution.
• The President must consult the Governor of the state and the Chief Minister of the state before using Article 356.
• The President must give the state government an opportunity to explain its position before using Article 356.
• The President must publish a notification in the Official Gazette explaining the reasons for using Article 356.

The Supreme Court also held that the President’s use of Article 356 is subject to judicial review. This means that the courts can examine whether the President has satisfied the conditions for using Article 356 and whether the President’s decision was justified.

Importance

• The S.R. Bommai case is an important judgment because it sets out the limits on the President’s power to dismiss a state government and impose President’s Rule. The judgment also emphasizes the importance of judicial review in ensuring that the President’s power is exercised in accordance with the Constitution.

Key takeaways:

• Article 356 is a drastic power that should only be used in exceptional circumstances.
• The President must satisfy certain conditions before using Article 356.
• The President’s use of Article 356 is subject to judicial review.
• The courts can examine whether the President has satisfied the conditions for using Article 356 and whether the President’s decision was justified.

The S.R. Bommai case is an important precedent that has been cited in subsequent cases involving the use of Article 356. The judgment has helped to ensure that Article 356 is used in accordance with the Constitution and that the rights of state governments are protected.