S.R. Bommai V. UoT - Signified a parallel shift in judicial interpretation of Union's authority to assume control of State's administrations. In this context discuss the significance & impact of the judgement on cementing the federal structure.
Main Body
S.R. Bommai Judgement of 1994 is a landmark case which strengthened Indian federalism. Significance: (1) Judicial review: President's power to impose president rule is subject to judicial review. (2) Relevant material: President to use 'relevant material' to justify imposition of Article 356. (3) Federalism: was declared as basic structure.
Positive impact: ( → ) Upholds Constitutionalism Limited government, Rule of law, Saving federal Spirit, Bring more stability to state government. Negative impact: ( → ) PSC judgments are ignored by Centre. eg., maharashtra → No testing majority on floor house. Curt. ( → ) Governor's day to day interference in state's governance. for eg., P.N. Rai' in Tamil Nadu, Delhi' L.G etc. Way forward → maintain balance of power 'Punchh Committee' fixed tenure for Governor → 2nd ARC making Governor independent use A 356 in 'bare case' status. Bommai case is significant but more Political recourse from Union for true federalism.
— Abhishek Singh
Conclusion
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Abhishek Singh
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
S.R. Bommai Case
266
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