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In which case did the Supreme Court try to curb the misuse of Article 356 regarding the imposition of President's Rule on states?
  • a)
    Kesavananda Bharati case (1973)
  • b)
    Indira Nehru Gandhi v. Raj Narain case (1975)
  • c)
    Indra Sawhney and Union of India (1992)
  • d)
    S.R. Bommai case (1994)
Correct answer is option 'D'. Can you explain this answer?
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In which case did the Supreme Court try to curb the misuse of Article ...
In the S.R. Bommai case (1994), the Supreme Court tried to curb the blatant misuse of Article 356 (regarding the imposition of President's Rule on states). The Court held that policies of a state government directed against an element of the basic structure of the Constitution would be a valid ground for the exercise of the central power under Article 356.
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In which case did the Supreme Court try to curb the misuse of Article ...
The correct answer is option 'D', the S.R. Bommai case (1994).

Explanation:
The S.R. Bommai case is a landmark judgment delivered by the Supreme Court of India in 1994. The case revolved around the misuse of Article 356 of the Indian Constitution, which empowers the President to impose President's Rule on states in certain circumstances. The judgment aimed to curb the misuse of this provision and establish guidelines for its invocation.

Background:
Article 356 of the Indian Constitution grants the President the power to dismiss a state government and impose President's Rule if the constitutional machinery in the state fails. However, this provision has been frequently misused by the central government to impose its political will on states and destabilize opposition governments.

Key Highlights of the S.R. Bommai Case:
1. Doctrine of Basic Structure: The Supreme Court reiterated the doctrine of the basic structure, which states that certain fundamental features of the Constitution cannot be altered or destroyed even by constitutional amendments. This doctrine forms the basis for judicial review of constitutional amendments.

2. Essential Features of Federalism: The court held that federalism is an essential feature of the Indian Constitution and cannot be undermined. It emphasized that federalism is a basic feature that should be preserved and upheld.

3. Limited Powers of the President: The court clarified that the President's power to impose President's Rule is not absolute. It can be exercised only in exceptional circumstances when the constitutional machinery in a state has completely failed.

4. Judicial Review of Proclamation: The court established that the imposition of President's Rule is subject to judicial review. The court has the authority to examine the grounds on which the proclamation was made and determine whether it was justified or not.

5. Burden of Proof: The burden of proof lies with the central government to establish that the state government has indeed failed. Mere political or partisan considerations cannot be the basis for imposing President's Rule.

6. Obligation to Give Reasons: The court held that the central government must provide valid and convincing reasons for imposing President's Rule. The reasons must be based on objective material and not be arbitrary or whimsical.

7. Time Limit for Approval: The court declared that the President's Rule cannot be imposed indefinitely. The central government must seek parliamentary approval for the proclamation within a reasonable time frame.

Impact:
The S.R. Bommai case has had a significant impact on curbing the misuse of Article 356 and safeguarding the federal structure of the Indian Constitution. It has established guidelines and limitations on the central government's power to impose President's Rule. The judgment has also strengthened the principles of democracy and federalism in India.
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In which case did the Supreme Court try to curb the misuse of Article 356 regarding the imposition of Presidents Rule on states?a)Kesavananda Bharati case (1973)b)Indira Nehru Gandhi v. Raj Narain case (1975)c)Indra Sawhney and Union of India (1992)d)S.R. Bommai case (1994)Correct answer is option 'D'. Can you explain this answer?
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