Central Idea
- The Supreme Court’s reliance on the 1994 SR Bommai judgment was pivotal in upholding the abrogation of Article 370.
- The SR Bommai case is a landmark judgment interpreting Article 356 of the Constitution, which deals with President’s rule in states.
SR Bommai Case: An Overview
- Origin of the Case: The case arose from the dismissal of the Janata Dal-led Karnataka government in 1989 by the Congress-led central government.
- Governor’s Recommendation: Karnataka Governor P Venkatasubbaiah recommended President’s rule citing the loss of majority by Chief Minister SR SR Bommai and the inability of other parties to form a government.
- Controversy: The move was controversial, especially as some MLAs later retracted their withdrawal of support, claiming their signatures were obtained by misrepresentation.
Supreme Court’s Verdict in the Case
- Judicial Review of President’s Proclamation: The Court unanimously held that the President’s proclamation is subject to judicial review on several grounds, including illegality, malafide, and abuse of power.
- Parliamentary Approval Requirement: The verdict mandated Parliamentary approval for imposing President’s rule. Without this approval, the dismissed government would automatically be revived after two months.
- Centre-State Relationship: The ruling emphasized the autonomy of states, stating that greater power at the Centre does not reduce states to mere appendages.
Impact of the Ruling
- Scrutiny of Governor’s Conduct: This was one of the first judgments to scrutinize the Governor’s role, especially in the context of frequent impositions of President’s rule.
- Decrease in President’s Rule Impositions: Research indicates a significant decrease in the frequency of President’s rule post-SR Bommai , from an average of 2.5 times a year (1950-1994) to just over once a year (1995-2021).
Kashmir Reference in the Article 370 Ruling
- Key Question: The central question was whether Article 370 could be abrogated while J&K was under President’s rule, which had been in place since 2018.
- Supreme Court’s Reliance on SR Bommai: The Court used the SR Bommai ruling to validate the President’s actions in J&K, applying the standards set by Justices PB Sawant and Jeevan Reddy for testing the validity of executive orders.
Conclusion
- Influence on Federal Dynamics: The SR Bommai judgment continues to influence the balance of power between the Centre and states, ensuring judicial oversight over central interventions in state governance.
- Relevance in Contemporary Rulings: Its principles, particularly regarding judicial review and the autonomy of states, remain crucial in contemporary constitutional interpretations, as seen in the Article 370 ruling.
