President’s rule, Bommai case
Q. Which of the following is/are true?
1) The court does not have the power to restore the state government to office in case it finds the proclamation of president’s rule to be unconstitutional.
2) If the Proclamation is invalid, it does not stand validated merely because it is approved of by the Parliament.- Published on 03 May 16a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 2
- In the Bommai case, the Supreme Court held valid the power of the court to restore the government to office in case it finds the proclamation of president’s rule to be unconstitutional.
- If the Proclamation is invalid, it does not stand validated merely because it is approved of by the Parliament. The grounds for challenging the validity of the Proclamation may be different from those challenging the validity of legislation. However, that does not make any difference to the vulnerability of the Proclamation on the limited grounds available. And therefore the validity of the Proclamation issued under Article 356(1) can be challenged even after it has been approved by both Houses of Parliament under Article 356(3).
