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Q6 (CISF/2022) Polity & Governance › Federalism & Emergency Provisions

In which one of the following cases did the Supreme Court of India adjudge that the proclamation of the President's Rule under Article 356 of the Constitution of India is subject to judicial review ?

Result
Your answer: —  Â·  Correct: B

Explanation

The S.R. Bommai vs. Union of India (1994) case is a landmark judgment where the Supreme Court ruled that the President's power to dismiss a state government under Article 356 is not absolute but subject to judicial review. The Court held that the proclamation can be challenged if it is based on malafide intentions or irrelevant grounds. It also established that the floor of the Legislative Assembly is the only place to test the majority of the government, not the Governor's subjective opinion. Other cases mentioned: A.K. Gopalan (1950) dealt with preventive detention; Madhav Rao Scindia (1970) challenged the abolition of Privy Purses; and S.P. Gupta (1981) is known as the First Judges Case regarding judicial appointments and independence.

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