S.R Bommai v. Union of India AIR 1994( State Emergency 356)

S.R. Bommai vs Union Of India on 11 March, 1994

Equivalent citations: 1994 AIR 1918, 1994 SCC (3) 1

Author: K Singh

Bench: Pandian, S.R. (J), Ahmadi, A.M. (J) (J), Verma, J.S. (J) Sawant, P.B., Ramaswamy, K. & Agrawal, S.C. (J), Yogeshwar Dayal Reddy, B.P. (J)

PETITIONER: S.R. BOMMAI Vs. RESPONDENT: UNION OF INDIA DATE OF JUDGMENT11/03/1994 BENCH: KULDIP SINGH (J) BENCH: KULDIP SINGH (J) SAWANT, P.B. RAMASWAMY, K. AGRAWAL, S.C. (J) YOGESHWAR DAYAL (J) JEEVAN REDDY, B.P. (J) PANDIAN, S.R. (J) PANDIAN, S.R. (J) AHMADI, A.M. (J) CITATION: 1994 AIR 1918 1994 SCC (3) 1 JT 1994 (2) 215 1994 SCALE (2)37 ACT: HEADNOTE: JUDGMENT:

The Judgments of the Court were delivered by S. RATNAVEL PANDIAN, J.- I have had the privilege of going through the erudite and scholarly judgments of my learned brothers making an exhaustive and in-depth analysis, evaluating the constitutional mechanism and exploring the whole realm of constitutional imperatives as envisaged by the Founding Fathers of the Indian Constitution on Central- State relations and throwing abundant light on the controversial role of State Governors inviting President's Rule and the mode by which the Union Cabinet and Parliament discharged their responsibility in this regard with reference to Articles 74(2), 163, 355, 356, 357 and the other allied constitutional provisions.

2. 1 find myself in agreement with the opinion of P.B. Sawant, J. on his conclusions 1, 2 and 4 to 8 with which B.P. Jeevan Reddy, J. concurs in his judgment (speaking for himself and on behalf of S.C. Agrawal, J.) but so far as the reasoning and other conclusions are concerned, I agree fully with the judgment of B.P. Jeevan Reddy, J. Yet I would like to give my brief opinion on the constitutional question of substantial importance in relation to the powers of the President to issue Proclamations underArticle 356(1) of the Constitution.

3. The Indian Constitution is both a legal and social document. It provides a machinery for the governance of the country. It also contains the ideals expected by the nation. The political machinery created by the Constitution is a means to the achieving of this ideal.

4. To what extent we have been successful in achieving the constitutional ideals is a question with a wide spectrum which needs an elaborate debate. Harking back to the question involved in this case, the Framers of the Constitution met and were engaged for months together with the formidable task of drafting the Constitution on the subject of Centre State relationship that would solve all the problems pertaining thereto and frame a system which would enure for a long time to come. During the debates and deliberations, the issues that seemed to crop up at every point was the States' rights vis-a-vis the Central rights. Some of tile members seem to have expressed their conflicting opinions and different reasoning and sentiments on every issue influenced and inspired by the political ideology to which they were wedded. The two spinal issues before the Constituent Assembly were (1) what powers were to be taken away from the States; and (2) how could a national supreme Government be formed without completely eviscerating the power of the State. Those favoring the formation of a strong Central Government insisted that the said Government should enjoy supreme power while others supporting States' rights expostulated that view. The two sides took turns making their representations but finally realising that all might be lost, they reached a compromise that resolved the deadlock on the key issue and consequently the present form of Government, more federal in structure, came into being instead of a unitary Government.

established by the people of India for themselves for their own governance and not for the governance of individual States. Resultantly, the Constitution acts directly on the people by means of power communicated directly from the people.

6. In regard to the Centre State relationship there are various reports suggesting certain recommendations for the smooth relationship of both the Governments without frequently coming into conflicts thereby creating constitutional crisis. The reports suggesting recommendations are that of (1) Administrative Reforms Commission 1969; (2) Rajmannar Committee 1969; and (3) Sarkaria Commission 1987.

7. When the question with regard to the Centre State relations stands thus, the publication issued by the Lok Sabha Secretariat giving an analytical tabular form with significant details pertaining to the President's Proclamation made underArticle 356(1) of the Constitution and underSection 51 of the Government of Union Territories Act, 1963 during the last 41 years of the Republic, that is up to 1991, indicates the frequency of user of Article 356(1). It appears from the summary table given in the tabular form (Appendix IV) that on 82 occasions the President's Rule in States have been imposed by invoking or resorting toArticle 356(1) and on 13 occas