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

Case Summary: S.R. Bommai v. Union of India (1994)

Background: In 1989, the S.R. Bommai-led Janata Dal government in Karnataka was dismissed by the President under Article 356. The dismissal was based on a report by the Governor stating that the government had lost its majority after several defections. Bommai was denied the opportunity to prove his majority on the floor of the Assembly. He challenged the dismissal in the High Court (which ruled against him) and then appealed to the Supreme Court.

Key Judicial Interpretations & Rulings:

1. Federalism as "Basic Structure"

The Supreme Court declared that Federalism is a part of the "Basic Structure" of the Indian Constitution. This means the Centre cannot arbitrarily undermine the autonomy of the States, as they are not mere subordinates but have an independent constitutional existence.

2. Mandatory Floor Test

The Court ruled that the only way to determine if a government has lost its majority is through a Floor Test in the Legislative Assembly. The subjective opinion of the Governor or the President is not sufficient to dismiss a government.

3. Power of Judicial Review

The Court held that the President's proclamation to impose President’s Rule is subject to judicial review. While the Court cannot question the "advice" given to the President, it can examine the material on which that advice was based to ensure it wasn't malicious or based on irrelevant grounds.

4. Limitations on Dissolution

The Court established that the State Assembly should not be dissolved immediately upon the imposition of Article 356. It should only be suspended until Parliament approves the proclamation. If Parliament does not approve it, the dismissed government is entitled to be reinstated.

5. Secularism

The judgment also affirmed that Secularism is a basic feature of the Constitution. It ruled that if a state government acts against the secular fabric of the nation (as was argued regarding the dismissal of BJP-led governments in 1992 following the Babri Masjid demolition), it qualifies as a "failure of constitutional machinery."

Impact on Centre-State Relations:

• Restricted Central Power: It effectively ended the era where the Union government could dismiss State governments led by opposition parties for purely political reasons.
• Strengthened Democracy: By mandating the floor test, it ensured that the mandate of the voters is respected.
• Shift to Cooperative Federalism: It forced the Centre and States to work within a framework of mutual respect rather than a hierarchy.

Proper Use of Article 356 (Post-Bommai):

• A "Hung Assembly" where no coalition can form a government.
• The State government deliberately violates Constitutional directions.
• Physical breakdown of the State machinery (e.g., internal subversion).

Improper Use:

• Dismissing a State government because it lost in a Lok Sabha (General) election.
• Internal disputes within the ruling party of the State.
• Allegations of corruption (which should be handled by law enforcement, not dismissal).