S.R. Bommai v. Union of India, AIR 1994 SC 1918

Bench:

A 9-Judge Constitution Bench of the Supreme Court:

1. Justice S. Ratnavel Pandian
2. Justice A.M. Ahmadi
3. Justice Kuldip Singh
4. Justice J.S. Verma
5. Justice P.B. Sawant
6. Justice K. Ramaswamy
7. Justice S.C. Agrawal
8. Justice Yogeshwar Dayal
9. Justice B.P. Jeevan Reddy

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Facts:

• In the 1985 Karnataka Legislative Assembly elections, the Janata Dal won 139 out of 225 seats, while the Congress secured 66 seats.
• R.K. Hegde became the Chief Minister but later resigned in August 1988. S.R. Bommai was elected as the new Chief Minister.
• A political crisis arose when some Janata Dal members defected, leading to allegations that Bommai had lost majority support.
• The Governor of Karnataka sent a report to the President of India, recommending the dismissal of the Bommai government without a floor test.
• The President issued a proclamation under Article 356, dismissing the state government and dissolving the Karnataka Legislative Assembly on April 21, 1989.
• S.R. Bommai challenged this action in the Karnataka High Court, which dismissed his writ petition.
• The case was then appealed to the Supreme Court, raising fundamental questions about the use and misuse of Article 356 (President’s Rule).

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Issues:

1. Is the President’s Proclamation under Article 356 subject to judicial review?
2. If yes, what is the scope of judicial review in such cases?
3. What is the meaning of the phrase “a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution” under Article 356(1)?

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Ratio Decidendi (Legal Principle):

• Judicial Review of Article 356: The Supreme Court ruled that the President’s satisfaction is not absolute and is subject to judicial review. Courts can examine whether there was a genuine constitutional breakdown or if the proclamation was politically motivated.
• Floor Test Requirement: The Court held that a floor test in the Legislative Assembly is the only fair method to determine if the government has lost its majority. The Governor cannot bypass the legislature and recommend President’s Rule solely based on unverified claims.
• Federalism and Secularism as Basic Features: The Court reaffirmed that federalism and secularism are essential parts of the Constitution’s Basic Structure, and misuse of Article 356 can disrupt the balance between the Union and the States.

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Observations:

• Misuse of Article 356: The Court observed that Article 356 has been frequently misused for political reasons, undermining democracy and state autonomy.
• Governor’s Role: The Governor should act impartially and responsibly; his report is not conclusive evidence and can be challenged in court.
• Revival of Dissolved Assemblies: If a proclamation under Article 356 is struck down, the dismissed government and dissolved assembly must be restored unless fresh elections have taken place.

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Decision:

• The Karnataka High Court’s judgment was set aside. The dismissal of the Karnataka and Meghalaya governments was declared unconstitutional, and their governments were reinstated.
• However, the dissolution of Madhya Pradesh, Himachal Pradesh, and Rajasthan assemblies was upheld.
• The Supreme Court ruled that President’s Rule should not be imposed arbitrarily and must follow constitutional guidelines.
• It was also held that if a President’s Rule proclamation is not approved by both Houses of Parliament within two months, it automatically lapses, and the dismissed government is revived.

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Important Terms:

1. Judicial Review: The power of courts to examine and invalidate executive or legislative actions if they violate the Constitution.
2. Article 356 (President’s Rule): Allows the President to dismiss a state government if it cannot function according to constitutional provisions.
3. Floor Test: A vote in the legislative assembly to determine whether the Chief Minister still holds the majority.
4. Federalism: A system where power is divided between the central and state governments, ensuring state autonomy.
5. Governor’s Report: A report submitted by the Governor to the President, recommending President’s Rule if there is a constitutional breakdown. However, this report is not binding on the courts.
6. Basic Structure Doctrine: The principle that certain fundamental features of the Constitution, such as democracy and federalism, cannot be amended or violated.