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1994

S.R. Bommai v. Union of India

1994 AIR 1918 · 9-judge bench

The Facts

Arose from a series of controversial dismissals of state governments and impositions of President's Rule under Article 356 — often used, critics argued, for political convenience rather than genuine constitutional breakdown.

The Holding

The Court held that the exercise of power under Article 356 is subject to judicial review, that a state government's majority must be tested on the floor of the Assembly (not just the Governor's subjective assessment), and that secularism is itself part of the Constitution's basic structure.

Dramatically curtailed the earlier routine, politically-motivated misuse of President's Rule to dismiss opposition-run state governments — one of the most important checks on Union-vs-State federal power in Indian constitutional history.

Cross-References

Related law

Art. 356

The President's Rule power this case placed real judicial limits on

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