New Delhi: The Supreme Court's landmark judgement in the SR Bommai vs Union Of India (1994) case sharply limited the constitutional power vested in the Central Government to dismiss a State government. The verdict overturned the tradition that use of Article 356 was not subject to review by courts.
Here are the highlights from that verdict:
-There is no dispute that the Proclamation issued under Article 356 is subject to judicial review.
-It can be challenged on the limited ground that the action is mala fide or ultra vires of Article 356 itself
-Objective material must exist showing the governance of the state cannot be carried on in accordance with provisions of the Constitution
-A wide literal construction of Article 356(1), will reduce the constitutional distribution of powers between the Union and the States to a licence dependent on the pleasure of the Union Executive.
-Wide construction will enable the Union Executive to cut at the root of the democratic parliamentary form of Government in the State
-Article 356 has a vital bearing on the democratic parliamentary form of government and the autonomy of the States under the federal constitution that we have adopted
-The Supreme Court or the High Court can strike down the Proclamation if it is found to be mala fide or based on wholly irrelevant or extraneous grounds.
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