Discuss the various safeguards suggested by the Supreme Court in the Bommai Case regarding the use of Article 356.

Discuss the various safeguards suggested by the Supreme Court in the Bommai Case regarding the use of Article 356.

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Q.1  Discuss the various safeguards suggested by the Supreme Court in the Bommai Case regarding the use of Article
356. (100-150 words UPSC mains , PCS mains)

Ans.  Article-356:- If the President is convinced that the government of the state is not functioning in accordance with the provisions of the Constitution, then President’s rule can be promulgated in the state(country) under article 356 provisions of Indian constitution . Dr. BR Ambedkar has called Article 356 as ‘dead letter’ but during emergency Indria Gandhi Government , 1977-80 – Janta Party Govt. , 1980-84- Indira Gandhi Government misused this provision (Article 356) thus need to control its misuse was felt necessary By government or people of India , To stop it’s misuse S.R.Bommai filed petition in Supreme Court to take legal decisions when any any ruling government misuse Article 356 provision.

S.R.Bommai case – 1994 AD :- In this, the Supreme Court gave the following decisions regarding the imposition of President’s rule under Article 356 in the state.

• Article 356 should not be used with political malice. ( • This article should be used only if the constitutional machinery fails in the state In real due to some political or any private political issue this article must not be use by ruling party)

• There should be clear and factual evidence of the failure of the constitutional machinery, which could be under
stood in layman terms. The causes due to which Article 356 is going to use or President’s rule is going to implement in the state are must be genuine.

• The state assembly should not be dissolved unless the President’s rule is approved by both the Houses of Parliament. It means both both the Houses of Parliament of india must be agree to use Article 356 provisions.

• The reasons for imposition of President’s rule can be judicially reviewed. judicial system of india (supreme court of india) can review the causes of imposition of President’s rule.

• If President’s rule is imposed maliciously, the court can re-establish the Council of Ministers and the state Legislative Assembly. judicial system of india (supreme court of india) has power to review the reasons of imposing President’s rule in india , and if the reasons are not sufficient to use Article 356 than SC can re-establish the Council of Ministers and the state Legislative Assembly.

• President’s rule cannot be imposed on the basis of victory of any other political party in the state in the general
elections to the Lok Sabha. It means President’s rule can not be use by any political issues or reasons. some strong causes must be there to imposer President’s rule in the state.