S.R. Bommai v. Union of India

(1994) 2 S.C.R. 644 (1994)

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S.R. Bommai v. Union of India

India Supreme Court
(1994) 2 S.C.R. 644 (1994)

Facts

Under Article 356 of the Indian Constitution, the prime minister and cabinet may request the president of India impose presidential rule over the Indian states. If presidential rule is invoked, the state government is dismissed in favor of the governor of the state, a politician appointed by the president of India. Between 1988 and 1994, the president of India dismissed the state governments from the states of Karnataka, Meghalaya, Nagaland, Madhya Pradesh, Rajasthan, and Himachai Pradesh. In all six states, the president of India dismissed the state government when an opposition party controlled the state government. In 1994, four consolidated cases arising from these six states came before the Indian Supreme Court challenging the power of the president of India to impose presidential rule.

Rule of Law

Issue

Holding and Reasoning (Pandian, J.)

Concurrence (Sawant, J.)

Concurrence (Ahmadi, J.)

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