Political Science · Political Institutions in India
UGC NET July 2018 Political Science
Which of the following principles evolved from the judgement delivered in the Bommai case in relation to Article 356?
- I. The proclamation issued under Article 356 is subject to judicial review.
- II. The State Assembly should not be dissolved immediately after issuing the proclamation.
- III. The assembly should be dissolved only after the Parliament has approved the proclamation.
- IV. The court may require the Union Government to disclose the material on the basis of which it was decided to invoke Article 356.
AII and III
BI, III and IV
CI, II and IV
DI, II, III and IV ✓ Correct
Correct answer: (D) I, II, III and IV — All four principles evolved from the Bommai case, so the answer is statements one, two, three and four.
Explanation
★All four principles evolved from the Bommai case, so the answer is statements one, two, three and four.
★S.R. Bommai v. Union of India (1994) was a nine-judge bench ruling on the imposition of President's Rule under Article 356.
★It held that the Presidential proclamation under Article 356 is subject to judicial review.
★It ruled that the State Assembly should not be dissolved immediately and should be dissolved only after Parliament approves the proclamation.
★Until parliamentary approval, the Assembly can only be suspended, so a wrongly dismissed government can be revived.
★It held that the court can require the Union to disclose the material on which Article 356 was invoked, ensuring transparency.
★For NET, link Bommai with Article 356, judicial review and the protection of the federal structure.
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