Case Name – S.R.Bommai vs. Union of India
Citation No: 1994(2) SCR 644, AIR 1994 SC 1918
- Kuldeep Singh
- Katikithala Ramaswamy
- Yogeshwar Dayal
- P.Jeevan Reddy
This case relates to State emergency u/art 356. State emergency is incomplete without this case being discussed. The major part of this case is about the Centre State relation.
Facts of the case:
- The situation in Karnataka in 1989 April was clogged and led to state emergency u/art 356(1). This proclamation was thereafter confirmed by the Parliament.
- The situation which led to state emergency was that S.R.Bommai a personal of Janta Party formed the government in 1988, but subsequently joined the Lok Dal forming a collision government as Janta Dal.
- But soon there were bifurcations amongst the party members leading to fall of the Government.
- Therefore the President had to proclaim emergency.
- This proclamation was challenged through Writ Petition but the High Court dismissed the Petition. Hence appeal to Supreme Court.
- Whether President Proclamation u/art 356 is justified?
- Whether the President has unrestricted power to proclaim emergency?
- Whether the proclamation can be challenged even after approved by both the houses of Parliament?
- The Proclamation of emergency u/art 356 is subject to Judicial Review. The relevancy and the need of such proclamation shall be struck down by the concerned court if found malafide.
- The Power of President under 356 is subject to restrictions. The opinion is formed is based on the report of the Governor and not sole satisfaction.
- The Supreme Court can struck down the proclamation even if both the houses of Parliament passes the same on Malafide grounds.