Constitutional lawSecularismSupreme Court of India

S.R. Bommai v Union of India

(1994) 3 Supreme Court Cases 119941 min read
The case in brief30-second read
Facts
Several state governments were dismissed under Article 356 on various grounds including loss of majority, maladministration, and pursuing policies against secularism.
Issue
Whether the Presidential proclamation under Article 356 dissolving state legislatures is subject to judicial review, and what are the permissible grounds for invoking Art.356.
Held
Art.356 is subject to judicial review; the court can examine whether the material on which the President acted bore a rational nexus with the satisfaction formed.
Principle
Presidential proclamation under Article 356 is subject to judicial review; secularism is a basic feature of the Constitution; floor test is the proper method to determine majority.
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Facts

  • Several state governments were dismissed under Article 356 on various grounds including loss of majority, maladministration, and pursuing policies against secularism
  • The dismissed Chief Ministers challenged the proclamations as unconstitutional and mala fide

Issue

  1. Whether the Presidential proclamation under Article 356 dissolving state legislatures is subject to judicial review, and what are the permissible grounds for invoking Art.356.

Held

  • Art.356 is subject to judicial review; the court can examine whether the material on which the President acted bore a rational nexus with the satisfaction formed
  • Secularism is a basic feature of the Constitution
  • A floor test is the only constitutionally sanctioned method to determine whether the government has lost majority
  • The President must not dissolve the assembly before Parliament approves the proclamation, to preserve meaningful review

Ratio decidendi

Art.356 is justiciable. Judicial review extends to examining the material basis of presidential satisfaction. Secularism is part of the basic structure. Floor test, not the Governor's subjective assessment, determines majority.

Exam use

How to use it in an answer

  • Part A: Art.356 is not immune from judicial review; the court reviews the material basis of presidential satisfaction.
  • Part B: Secularism as basic structure; floor test as the constitutionally sanctioned method for determining majority.
  • Key line: "Art.356 is subject to judicial review; secularism is a basic feature of the Constitution."

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Citation

S.R. Bommai v Union of India (1994) 3 Supreme Court Cases 1

Reported: (1994) 3 Supreme Court Cases 1. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.