Court case(1994) 3 SCC 1

S.R. Bommai v. Union of India Bommai

(1994) 3 SCC 1; AIR 1994 SC 1918 · Supreme Court of India · 1994

PrincipleArticle 356 proclamations are open to judicial review and majority must be tested on the floor of the House.

Facts

The Bommai government in Karnataka and governments in several other states were dismissed under Article 356 on the Governor's report that they had lost majority support or, after the Babri demolition, that they could not be carried on in accordance with the Constitution.

Held

The court held that a proclamation under Article 356 is subject to judicial review on grounds of mala fides, irrelevant or extraneous material, and that the court may restore a dismissed government. The majority of a ministry must be tested on the floor of the House, not in the Governor's chamber. The Assembly cannot be dissolved until both Houses of Parliament approve the proclamation. Secularism and federalism are part of the basic structure, and a state government acting against secularism may be dismissed.

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