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S. R. BOMMAI vs. UNION of INDIA

Union

Sentence of the Supreme Court of India

Karnataka

Rajasthan

1989

Somappa Rayappa Bommai

of

1992

Secular State principle

Presidential Proclamation

11th Chief Minister of Karnataka

PETITIONER

RESPONDENT

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.

S. R. Bommai vs. Union of India

PRESIDENT'S RULE

Date of Judgement: 03/11/1994

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.

Himachal Pradesh

Art. 74.2

New election?

1992

Nagaland

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.

1988

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.

Meghalaya

Madhya Pradesh

1992

1991

PRESIDENT'S POWERS

Article 360

Article 74

Consequence

FINANCIAL EMERGENCY

JUDICIARY OF INDIA

- 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

EMERGENCY PROVISIONS

(Supreme Court Judges included)

Art. 74 and Art. 352-360 of the Indian Constitution

Articles 358-359

Article 352

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.

PROCLAMATION of EMERGENCY

FUNDAMENTAL RIGHTS

- With the approval of both Houses of Parliament = 6 months (renewable)

Article 353

Articles 356-357

- Without the approval = 1 month

...and when the state apparatus doesn't work?

Effect of Proclamation of Emergency

" ...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

Thank you for your attention!

- 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

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