Kanishak KatariaAIR 1 · CSE 2018 · 211 wordsTheir whole copy
Opening · a quotation
While debating in the Constituent Assembly, Dr Ambedkar had said that he hopes that Art 356 remains a dead letter. However, it has been evoked more than 100 times since Independence, thus belying the belief.
Post the emergency era & the Babri Masjid incident, the proclamations of President's Rule under Article 356 have increased & political motives were being fulfilled with its help.
Thus the SR Bommai Judgement of 1994 provided clear guidelines as to how & when the proclamation be made, by laying down the proper & improper grounds of proclamation.
Body · points
Proper grounds:
- There is no clear cut majority & no coalition party willing to form government.
- The majority seat party is unwilling.
- Loss of confidence to be shown by a composite Floor Test.
- There is breakdown of machinery in the state & subversion.
Improper grounds
- Governor didn't explore the possible options to form government.
- Mere internal disturbance is not breakdown.
- Allegations of corruption & misgovernance.
- No composite Floor test.
Close · a summary
In addition the court said that it can reinstate the dissolved assembly & government in case the Judicial Review strikes down the proclamation.
Thus the judgement provides clarity on the functioning albeit due to no political will the conventions are still flouted.
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