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Polity and governanceJudgements1994

S.R. Bommai v. Union of India

President's Rule under Article 356 is open to judicial review.

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A majority must be tested on the floor of the House. Secularism was held to be part of the basic structure.

The central wing of the Supreme Court of India, New Delhi, which houses the Chief Justice's courtroom.
The central wing of the Supreme Court of India, New Delhi, which houses the Chief Justice's courtroom. Subhashish Panigrahi, CC BY-SA 4.0, via Wikimedia Commons
Practise this in the app: flashcards, quiz and a timed answer
Prelims

Quick recall

Which Article provides for President's Rule?
Article 356.
What did S.R. Bommai hold about the floor test?
A government's majority must be tested on the floor of the Assembly.
Is a proclamation under Article 356 open to judicial review?
Yes, as held in S.R. Bommai.
What did Bommai say about secularism?
It is part of the basic structure.
Which commission recommended sparing use of Article 356?
The Sarkaria Commission.
Within how long must Parliament approve President's Rule?
Two months.

Asked before in UPSC

Recurring theme: Article 356, federalism and judicial review of central power over States

Mains
  1. 2026 · GS2 · 15 marks

    Discuss the position of the Governor in the federal polity of India. What is the nature of his power while giving assent to a bill passed by the State Legislature? Is he bound by the aid and advice of his Council of Ministers in all his functions?

    The Governor's report under Article 356 and the floor test rule from Bommai are central to discussing gubernatorial discretion.

  2. 2023 · GS2 · 15 marks

    Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s.

    S.R. Bommai is the main legal factor behind the fall in Article 356 use, since it made proclamations reviewable and required a floor test.

  3. 2020 · GS2 · 10 marks

    How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer.

    Bommai is the standard example of how courts curbed confrontational use of central power against opposition ruled States.

  4. 2014 · GS2 · 12.5 marks

    Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss.

    Bommai declared federalism a basic feature while noting the Centre's tilt, which is exactly the tension this question raises.

The basics

Why it matters

S.R. Bommai (1994) curbed the misuse of President's Rule under Article 356. It held the proclamation is open to judicial review and that a government's majority must be tested on the floor of the House.

9 judges
Bench size in S.R. Bommai
Decided in 1994.

Before and after

The ruling changed Centre-State relations.

Article 356
Before 1994
  • Frequent dismissals of State governments
  • Governor's report often decisive
vs
After Bommai
  • Judicial review of proclamations
  • Floor test to decide majority
  • Assembly not dissolved before Parliament approves

Key principles

The judgment set clear rules.

Bommai safeguards
  1. 1Floor testMajority tested in the Assembly, not the Raj Bhavan.
  2. 2Judicial reviewCourts can examine the material behind a proclamation.
  3. 3RestorationCourts can restore a dismissed government.
  4. 4SecularismPart of the basic structure.

You now know

  • President's Rule under Article 356 is subject to judicial review.
  • A majority must be tested on the floor of the House.
  • The Assembly should not be dissolved until Parliament approves the proclamation.
  • Secularism is part of the basic structure.

Go deeper

In one line: S.R. Bommai stopped the Centre from dismissing State governments at will.

Why it matters for UPSC

It is central to questions on federalism and the Governor's role.

The core idea

Article 356 was used over a hundred times, often for political reasons. The Court said the majority question belongs to the Assembly floor, not the Governor, echoing the Sarkaria Commission view that Article 356 should be a last resort.

Where to go next

In one line: Bommai made federalism enforceable in court.

Effects

Far fewer dismissals of State governments after 1994.

Later cases

Rameshwar Prasad (2006) on dissolution of the Bihar Assembly; Nabam Rebia (2016) on the Governor's powers in Arunachal Pradesh.

Remaining issues

Governors' discretion on inviting parties to form governments and the timing of floor tests.

See Article 356 and Sarkaria Commission.

Where to go next

Article 356

President's Rule in the States

In one line: Article 356 lets the President take over a State's administration if its government cannot function according to the Constitution.

Duration

Approved by Parliament within two months, extendable in six-month steps up to three years, with conditions beyond one year.

Safeguards

Judicial review after S.R. Bommai.

Where to go next

Sarkaria Commission

Recommendations on Centre-State relations

In one line: The Sarkaria Commission (1983-88) reviewed Centre-State relations.

On Article 356

Use it sparingly, as a last resort.

On Governors

Choose eminent persons from outside the State, not active politicians.

Where to go next

Prelims-style quiz

  1. S.R. Bommai v. Union of India relates to:

    1. Anti-defection law
    2. Reservation in promotions
    3. Article 356
    4. Right to privacy
    Show answer

    Answer: (c) Article 356. It dealt with President's Rule.

  2. Consider the following:
    1. A government's majority must be tested on the floor of the House.
    2. The courts cannot review a proclamation under Article 356.
    Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: (a) 1 only. Bommai made proclamations reviewable.

  3. A proclamation of President's Rule must be approved by Parliament within:

    1. One year
    2. Six months
    3. Two months
    4. One month
    Show answer

    Answer: (c) Two months. Two months.

  4. Which of these was held to be a basic feature in S.R. Bommai?

    1. Right to property
    2. Presidential form of government
    3. Bicameralism
    4. Secularism
    Show answer

    Answer: (d) Secularism. Secularism.

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