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S. R. BOMMAI vs. UNION of INDIA
Secular State principle
Presidential Proclamation
11th Chief Minister of Karnataka
Justiciability of the Proclamation
10th of August 1988 - 21st of April 1989
Malafide or irrelevancy
"India being a plural society with multi-religious faiths, diverse creeds, castes and cultures,secularism is the bastion to build fraternity and amity with dignity of person as it's constitutional policy"
cit. K.Ramaswamy J.
PRESIDENT'S RULE
Invalidation of the Proclamation
Justiciability of the advice from the Council of Ministers to the President
"Judicial review is a basic feature of the Constitution. This Court have constitutional duty and responsibility to exercise judicial review as sentinel on the qui vive."
cit. K. Ramaswamy. J.
Art. 74.2
New election?
BENCH: S. R. Pandian, A. M. Ahmadi, K. Singh,
J. S. Verma, P. B. Sawant, K. Ramaswamy,
S. C. Agrawal, Y. Dayal, B. P. J. Reddy.
Federal principle
Powers of the Parliament
Reference to the Constitution
Can the Proclamation be challenged even if approved by both Houses of the Parliament?
"Recourse to art. 356 should be the last resort for a Governor to seek the guiding principle being that the constitutional machinery in the State should be maintained."
cit. B. Sawant J.
- Council of Ministers with the Prime Minister can advise the President
The President may deliver some directions concerning canons of financial propriety
- President shall act in accordance with such advice
reduction of salaries of all classes of persons serving the Union
- The advice is not subjected to Judicial Review
(Supreme Court Judges included)
Art. 74 and Art. 352-360 of the Indian Constitution
Drastic reduction in the application of the
Emergency Provisions
- In case of IMMINENT DANGER for the security of India the President of the Union can make a declaration
"NOTHING in article 19 shall restrict the power of the State " as long as the Proclamation operates.
- With the approval of both Houses of Parliament = 6 months (renewable)
- Without the approval = 1 month
" ...the enforcement of the rights [...] shall remain suspended for that period during which the Proclamation is in force"
- The Proclamation can also be revoked after a parliamentary resolution so cease to operate
- The PRESIDENT may assume all or any of the functions belonging to the Government of the State
- The LEGISLATURE of the state is exercisable by or under the authority of PARLIAMENT
the EXECUTIVE power of the Union gives explicit directions
the PARLIAMENT makes laws beyond its competence
feel free to ask any question...
- The PRESIDENT may suspend some provisions of the Constitution relating to that matter
Gabriele Veronesi
Nicolò Sgreva