ValkyaEditorial

Tagged “dismissed-government”

1 article on dismissed-government.

Landmark JudgmentSupreme Court of India

S.R. Bommai v. Union of India: the nine-judge Bench on Article 356, judicial review, and secularism as basic structure

On 11 March 1994, a nine-judge Constitution Bench delivered the most consequential federalism ruling of the post-Kesavananda generation. The judgment held that the President's proclamation under Article 356 imposing President's Rule in a State is subject to judicial review; that secularism is part of the basic structure of the Constitution; that the dissolution of a State Legislative Assembly cannot precede Parliament's approval of the proclamation; and that a State Government that fails to act in accordance with the secular character of the Constitution can, on appropriate facts, be dismissed. A digest of the bench, the doctrinal holdings, and the architecture they leave.

Valkya Editorial··9 min