Why is it in the news?

• R. Bommai judgement, rendered by a nine-judge bench of the Supreme Court in 1994, marks its 30th anniversary.

Key Highlights of the Judgement

• The S.R. Bommai judgement defined the scope of Article 356 of the Constitution, which pertains to the imposition of President’s Rule.
• It established restrictions on the use of Article 356, stating that President’s Rule can only be imposed on a state in the event of the failure of the constitutional machinery.
• Proclamation for President’s Rule must receive approval from both houses of Parliament within two months; otherwise, it lapses.
• Additionally, the continuation of President’s Rule requires approval every six months to remain in force.
• The President’s power to dismiss a state government is subject to judicial review for illegality, malafide, abuse of power, or fraud.
• Overruled the judgement of State of Rajasthan vs Union of India (1977), emphasizing limitations on presidential discretion.
• Dissolution of the state legislative assembly can only occur after parliamentary approval; until then, the assembly can be suspended.
• Failure to obtain parliamentary approval within two months leads to automatic reinstatement of the suspended government.

Significance of the Judgement

• Restricts the arbitrary exercise of power by Governors, ensuring they act within constitutional bounds and do not misuse their authority.
• Reinforces the principles of federalism by delineating clear boundaries in centre-state relations, preserving the autonomy of states within the Indian Union.
• Affirms the importance of the legislative assembly as the ultimate test of a government’s majority, safeguarding democratic principles and the will of the people.