S.R. BOMMAI versus UNION OF INDIA AND ORS.

Citation: [1994] 2 S.C.R. 644 · Decided: 11-03-1994 · Supreme Court of India · Bench: A.M. AHMADI, S. RATNAVEL PANDIAN, KULDIP SINGH, J.S. VERMA, P.B. SAWANT, K. RAMASWAMY, S.C. AGRAWAL, YOGESHWAR DAYAL, B.P. JEEVAN REDDY

Cited by 32 judgment(s) · cites 14 · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
S.R. BOMMAI AND ORS. 
v. 
UNION OF INDIA AND ORS. 
MARCH 11, 1994 
[S. RATNAVEL PANDIAN;A.M .. AHMADI, KULDIP SINGH, 
J.S. VERMA, P.B. SAWANT, K. RAMASWAMY, S.C. AGRAWAL, 
YOGESHWAR DAYAL AND B.P. JEEVAN REDDY, J.T.] 
Constitution of India, I950: Art. 356-Nature, scope, applicability and 
C effect of-President's Rule-Promulgation of in case of failure of constitution-
al machinery in states-Satisfaction ,_~r President' that a situation has arisen 
in which the Government of the State cannot be canied on in accordance 
with the provisions of the Constitution'-fnterpretation of-'Satisfaction of 
PresidentL-'Satisfaction'-Meaning of-Subjective satisfaction of Union 
D Council of Ministers-Principles of natural justice-Observance of-Satisfac-
tion must be based on Objective material-Situations where it can be said 
that the State Govt. 'cannot' be canied on-Return of any political party at 
the centre different from that in power in the State-Not one such situa-
tion-ideology of State Govt. to be consistent with the Constitutiort-Disregard 
IE by any State of the basic values and essential features of the Constitu-
tion-Regard to federal structure and Cen~State relatiotr-Need for-Effect 
of issuance of the Promulgation and conditions precedent-Dissolution of 
Legislative Assembly and Government of the State-.Whether a necessary 
consequence-Effect of approval/disapproval of the Promulgation-Revival of 
Legislation Assembly-Validation of laws and orders passed during the 
~ promulgation-Validity of Promulgatidns issued in respect of Kamataka, 
Meghalaya, Nagaland, Madhya Pradesh, Himachal Pradesh and Rajasthan. 
Con_stitution of India, I951J-Arts. 356, and 352, 355, 357, 36o-Nature 
of Art. 356 in the context of-An emeJ8ency provision to be used in excep-
" tional circumstances. 
, 
Constitution of India, 1951J-Arts. 356(1) and 154, 155, 156, 163-'0n 
receipt of report from Govemor'-Govemor's obligation to make report-Role 
of Governors-Floor test-Testing majority support of the ruling party in the 
State on the floor of the House-Necessity of-Whether floor test a pre-requi-
• site to sending report by Governor. 
644 
I l
.>·-
S.R. BOMMAI v. U.0.l. 
645 
Constitution of J11dia, 195()--Preamble and Arts. 15, 16, 25, 26, 27, 28, A 
30, 51-A, 356-Scope of Preambl&-Secularism-Mea11i11g a11d role 
of-Religious tolerance a11d equal treatme11t of all religions-Concept of 
positive secularism-Religion vis-a-vis secularism-Secularism is part of the 
basic st111cture of the Constitution-Effect of 42nd Amendment. 
Constitution of I11dia 1950-Arts. 32, 226 & 35-Proclamation under 
Art.356-Amenable to judicial reviev.-Before or after Parliament's ap-
proval-Not the subjective satisfaction of President but material on which 
satisfaction is based open to judicial review on grounds of illegality, malafide, 
extraneous considerations, abuse of jJower or fraud on power, irrelevance not 
sustainable so long as there is sonte relevant rnaterial-Co1Tections or ade-
quacy of the ntaterial cannot be gone into on merits-Nor can purely political 
questions be reviewed by Court-Doctrine of political thicket-Materials fall-
ing within the expression, 'or otherwise'-Review of 
B 
c 
Constitution of India, 1950-Arts. 356, 74(2) & 142 and 32 & 
226-Proclan;atio11 under Art. 356-Judicial Reviev.-Bar under Art. D 
74(2)-Nature a11d object of-Whether confined to the advice tendered by 
Council of Ministers-But material on the basis of which advice was tendered 
is subject to judicial reviea-Whether Govt. while justifying its action can 
claim privilege under S. 123 of the Evidence Act, 187l-Burden of 
Proof-First on the person challenging the Proclamation-Then shifts to E 
Union of India. 
Constitution of India : Arts. 74 and 77-Scope of 
Interpretation of the Constitution : Constitutional schem&-Should be 
so construed as to maintain the fundamental balance. 
p 
Constitutional provisions-Language plain and clean-No obvious in-
advertento: mission-Filling up the gaps by Courts-Whether could be 
resorted to. 
Constitutional provisions-Interpretation not to whittle down the G 
powers of the States. 
Evidence Act, 1872: 
S. 123--Privileg&-Action taken under Art. 356 of the Constitution of 
India-Government justifying its action-Whether could claim privilege under H 
646 
SUPREME COURT REPORTS 
(1994] 2 S.C.R. 
A s. 123. 
Adniinistrative Law : 
Judicial Review-Whether confined to the decision making process only 
and not the decision itself mz me1its-

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