Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
In SR Bommai v. Union of India (1994), the Supreme Court emphasized that Governor's report recommending President's Rule must ensure democratic legitimacy by verifying loss of majority through floor test, not subjective assessments.
- True
- False
Answer: True
Democratic legitimacy under SR Bommai: (a) Context: Challenge to President's Rule imposition without democratic verification of loss of majority, (b) Supreme Court holding: (i) Governor's report must ensure democratic legitimacy by verifying loss of majority through floor test in Assembly, (ii) Floor test ensures elected representatives, not appointed Governor, decide government fate, (iii) Governor cannot send report based on subjective assessment, media reports, political considerations without floor test, (c) Applications: (i) Post-1994: Courts more willing to strike down Article 356 proclamations without democratic verification, (ii) Federal balance: Protects State autonomy against arbitrary Centre overreach via gubernatorial discretion, (d) Rationale: (i) Democratic legitimacy: Elected Assembly represents people's will; floor test ensures Ministry reflects Assembly majority, (ii) Constitutional morality: Governor as constitutional functionary, not political agent, (iii) Judicial oversight: Courts ensure Article 356 used for genuine constitutional breakdown, not political ends, (e) Illustrates constitutional federalism: Democratic legitimacy requirement protects State autonomy; judicial review ensures Article 356 used for genuine crises, not political convenience.