S. R. Bommai v.
Union of India – Summary
Background:
In 1985, the Janata Party won Karnataka’s Assembly elections,
forming the government with Ramakrishna Hegde as CM, later
replaced by S. R. Bommai in 1988. In September 1988, 19 legislators
defected, leading to a claimed loss of majority. The Governor
dismissed the Bommai government under Article 356 without
allowing a floor test. Bommai challenged this in the High Court and
later appealed to the Supreme Court.
Supreme Court Judgment:
A 9-judge bench held that Article 356 must be used sparingly and
with caution, as suggested by Dr. B.R. Ambedkar and the Sarkaria
Commission.
The President’s proclamation must be approved by both Houses of
Parliament under Article 356(3), or it lapses within 2 months.
Judicial review is allowed to challenge the legality of such
proclamations.
The President’s power is not absolute, and dismissal must follow
constitutional limitations.
Though Article 356 doesn’t explicitly mention dissolving the
assembly, it is implied via Article 174(2) and Article 356(1)(a).
Significance:
A landmark judgment curbing the misuse of Article 356.
Reaffirmed federalism and the basic structure doctrine.
Asserted the Assembly floor as the only place to test majority, not the
Governor’s discretion.
Strengthened judicial oversight over the President’s actions to ensure
constitutional compliance.
