S.R.BOMMAI’S CASE: S. R. Bommai v. Union of India. – On Dec.
15,
1992, President Rule was imposed in three States of Madhya Pradesh,
Himachal Pradesh and Rajasthan and Assemblies were dissolved on the
ground that these States were not implementing sincerely the ban
imposed by the Centre on religious organisation. The main grounds on
which the Governments had been dismissed were that the Chief Ministers
of these States had connections with an organisation which had been
banned, and secondly, that these governments had encouraged the Kar
Sevaks to go to Ayodhya. Thus, the basis was mere suspicion that they
would refuse to enforce the ban. There were no proof that they were not
following the directions of the Centre. The three Governors had submitted
more or less identical report in 24 hours. This was clear abuse of Art. 356,
where duly elected Governments were dismissed merely on the ground of
suspicions. A Constitution Bench of nine Judges of the Supreme Court
held-The dismissal of the Governments in Madhya Pradesh, Rajasthan and
Himachal Pradesh in the wake of the Ayodhya incident of Dec. 6, 1992 was
valid and imposition of the President's Rule in these States was
constitutional. 'Secularism' is a basic feature of the Constitution and any
State Government which acts against that ideal can be dismissed by the
President. It was held that in matters of religion the State has no place. No
political party can simultaneously be a religious party as well as political
party. The Court laid the following guidelines:
(1) Presidential proclamation dissolving a State Legislative Assembly is
subject to judicial review.
(2) If a State Government works against secularism, President's Rule can
be imposed.
(3) There can be no wholesale dismissal of opposition ruled States
governments when a new political party assumes power at the Centre.
(4) If President's Rule is imposed only on political considerations the Court
can even restore the assembly.
(5) Imposition of President's Rule and dissolution of State Assembly cannot
be done together.
(6) State Assembly can be dissolved only after Parliament approves
Central Rule.
(7) The Supreme Court or a High Court can compel the Union Government
to disclose material on whose basis President's Rule is imposed on a State.
(8) The power of the President under Art. 356 is a constitutional power, it
is not an absolute power. The existence of material is a pre-condition to
form the satisfaction to impose the President's Rule.
