GK Question

polity hard fill_blank

In SR Bommai v. Union of India (1994), the Supreme Court held that Governor's report recommending President's Rule must comply with procedural safeguards like ______, ensuring democratic verification before recommending constitutional breakdown.

  1. media consultation
  2. floor test
  3. public referendum
  4. party consultation

Answer: floor test

Procedural safeguards under SR Bommai: (a) Context: Challenge to President's Rule imposition without procedural safeguards in multiple States, (b) Supreme Court holding: (i) Governor's report must comply with procedural safeguards like floor test to verify majority before recommending President's Rule, (ii) Procedural safeguards ensure: Democratic verification, objective material, constitutional principles compliance, not political considerations, (iii) Judicial review: Courts examine whether procedural safeguards complied with, not just substantive outcome, (c) Applications: (i) Post-1994: Courts more willing to strike down Article 356 proclamations without procedural safeguards, (ii) Federal balance: Protects State autonomy against arbitrary Centre overreach via procedural safeguards, (d) Rationale: (i) Democratic legitimacy: Procedural safeguards ensure Article 356 reflects genuine constitutional breakdown, not political convenience, (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: Procedural safeguards requirement protects State autonomy; judicial review ensures Article 356 used for genuine crises, not political convenience.

Topic Article 356 - Governor's Report and Procedural Safeguards
Exam Relevance Procedural safeguards under Article 356 critical for UPSC Mains and Judiciary exams