TAG: GS 2: POLITY
THE CONTEXT: The SR Bommai v Union of India case revolved around the interpretation of Article 356 of the Indian Constitution, which details the circumstances under which the President can impose President’s rule in a state.
EXPLANATION:
- In this case, a nine-judge bench of the Supreme Court deliberated on the legality and circumstances of imposing the President’s rule in a state.
Relevance of SR Bommai Case in Article 370 Ruling
- Judicial Review of President’s Proclamation:
- SR Bommai set a significant precedent by allowing judicial review of the President’s proclamation imposing President’s rule.
- The Supreme Court ruled that the proclamation could be subjected to judicial scrutiny based on grounds such as illegality, malafide, extraneous considerations, abuse of power, or fraud.
- Parliamentary Approval Requirement:
- The case highlighted the necessity for parliamentary approval before the President exercises the power to impose President’s rule.
- If Parliament doesn’t approve the proclamation within two months, the dismissed government automatically gets revived.
- Centre-State Relationship Clarification:
- The ruling emphasized that while the Centre possesses considerable power concerning states, it cannot undermine or infringe upon the states’ reserved powers.
- The judgment delineated a clear boundary, preventing the Centre from encroaching on the states’ powers.
Impact on Subsequent Presidential Proclamations
- Following the SR Bommai judgment, the imposition of President’s rule notably decreased.
- The ruling’s impact is evident in the reduction of President’s rule instances from an average of 2.5 times a year between 1950 and 1994 to just over once a year from 1995 to 2021.
Application in the Jammu and Kashmir Challenge
- In the context of the challenge to the abrogation of Article 370 in Jammu and Kashmir, the Supreme Court referred to the SR Bommai ruling extensively.
- The question arose regarding whether the President could approve the revocation of J&K’s special status during the period of President’s rule.
- The Court relied on SR Bommai to validate the actions of the President, asserting that these actions were constitutionally valid.
- It cited differing standards set in SR Bommai by Justices PB Sawant and Jeevan Reddy.
- Justice Sawant focused on determining if the exercise of power was mala fide or palpably irrational, whereas Justice Reddy underscored the need to consider advisability and necessity while evaluating the President’s actions.
Conclusion
- The SR Bommai case’s significance lies in establishing the parameters for judicial review of President’s rule and delineating the boundaries between the Centre and states.
- This landmark judgment served as a cornerstone for validating the actions of the President during President’s rule, as evidenced in the recent Supreme Court ruling on the abrogation of Article 370 in Jammu and Kashmir.
SOURCE: https://indianexpress.com/article/explained/key-aspects-of-article-370-verdict-unpacked-9064079/
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