S.R. Bommai v. Union of India (1994)

Constitutional Law I · Salient Features & Federalism

Facts.

Several State governments were dismissed and President’s Rule imposed under Article 356. The dismissed governments challenged these actions as a misuse of the power.

Issue.

Is the imposition of President’s Rule under Article 356 subject to judicial review, and what are the limits on that power?

Held.

A nine-judge Bench held that a proclamation under Article 356 is subject to judicial review; the majority a government enjoys must be tested on the floor of the House, not by the Governor’s subjective opinion; and secularism and federalism are part of the basic structure of the Constitution.

Why it matters.

Bommai curbed the routine misuse of Article 356 to topple State governments and firmly established that federalism and secularism are unalterable core features — the leading authority whenever the Centre-State balance or secularism is in question.

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