Who was S.R. Bommai?
S.R. Bommai was the Chief
Minister of the Janata Dal government in Karnataka between August 13, 1988
and April 21, 1989. His government was dismissed on April 21, 1989 under
Article 356 of the Constitution and President’s Rule was imposed, in
what was then a mostly common mode to keep Opposition parties at bay. The
dismissal was on grounds that the Bommai government had lost majority
following large-scale defections engineered by several party leaders of the
day. Then Governor P. Venkatasubbaiah refused to give Bommai an
opportunity to test his majority in the Assembly despite the latter presenting
him with a copy of the resolution passed by the Janata Dal Legislature Party.
What happened then?
Bommai went to court against the
Governor’s decision to recommend President’s Rule. First he moved the Karnataka
High Court, which dismissed his writ petition. Then he moved the Supreme Court.
What did the Supreme Court do?
The case, which would go on to
become one of the most cited whenever hung Assemblies were returned, and
parties scrambled to for a government, took almost five years to see a logical
conclusion. On March 11, 1994, a nine-judge Constitution Bench of the
Supreme Court issued the historic order,
which in a way put an end to the arbitrary dismissal of State governments
under Article 356 by spelling out restrictions.
What did the judgement say?
The verdict concluded that the power
of the President to dismiss a State government is not absolute. The verdict
said the President should exercise the power only after his proclamation
(imposing his/her rule) is approved by both Houses of Parliament. Till
then, the Court said, the President can only suspend the Legislative Assembly
by suspending the provisions of Constitution relating to the Legislative
Assembly. "The dissolution of Legislative Assembly is not a matter of
course. It should be resorted to only where it is found necessary for achieving
the purposes of the Proclamation," the Court said.
What happens if the Presidential proclamation is not approved by the
Parliament?
"In case both Houses of
Parliament disapprove or do not approve the Proclamation, the Proclamation
lapses at the end of the two-month period. In such a case, the government
which was dismissed revives. The Legislative Assembly, which may have been
kept in suspended animation gets reactivated," the Court said. Also
the Court made it amply clear that a Presidential Proclamation under Article
356 is is subject to judicial review.
What is the significance of the S.R. Bommai vs Union of India case?
The case put an end to the
arbitrary dismissal of State governments by a hostile Central government.
And the verdict also categorically ruled that the floor of the Assembly is
the only forum that should test the majority of the government of the day,
and not the subjective opinion of the Governor, who is often referred to
as the agent of the Central government. "The Chief Minister of every State
who has to discharge his constitutional functions will be in perpetual fear of
the axe of Proclamation falling on him because he will not be sure whether he
will remain in power or not and consequently he has to stand up every time from
his seat without properly discharging his constitutional obligations and
achieving the desired target in the interest of the State," the Court
said.
When was the verdict’s impact was first seen?
In one of the first instances of
the impact of the case, the A.B. Vajpayee government in 1999 was forced
reinstate a government it dismissed. The Rabri Devi government, which was
sacked on February 12, 1999 was reinstated on March 8, 1999 when it became clear
that the Central government would suffer a defeat in the Rajya Sabha over the
issue.
And later whenever the case of a
hung Assembly, and the subsequent exercise of government formation, came up,
the Bommai case would be cited, making it one of the most quoted verdicts in
the country's political history.
Credit: The Hindu Explains (http://www.thehindu.com/news/national/what-is-the-sr-bommai-case-and-why-is-it-quoted-often/article23929119.ece)
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