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Shyla (Student)     02 November 2008

What is The SR BOMMAI CASE?

Hi folks!!!!!!!!!!!!!

Wat  is the SR BOMMAI CASE?

With Regards

shyla.

 

 



Learning

 2 Replies

K.C.Suresh (Advocate)     03 November 2008

Dear Shyla


It is in AIR 1994 SC 1918 or in 1994 SCC (3) 1

Manish Singh (Advocate)     03 November 2008

The 1994 Supreme Court majority decision in essence overturned a long tradition that the use of Article 356 was not really subject to review by courts, a doctrine articulated in a landmark 1977 case, State of Rajasthan. Bommai laid down the conditions under which State governments may be dismissed, and mechanisms for that process. These were expressed through six opinions, with the judgments of Justices A.M. Ahmadi, K. Ramaswamy, and J.S. Verma for himself and Yogeshwar Dayal dissenting from the majority opinion of Justices P.B. Sawant for himself and Kuldip Singh, B.P. Jeevan Reddy for himself and S.C. Agarwal, and, finally, S. Ratnavel Pandian. Although this seeming maze of judgments created some confusion among laypeople about precisely what portions in the Supreme Court decision were the law, the debate has now been largely resolved. Jurist Soli Sorabjee wrote in a critique of the case: "The judgments of Sawant and Kuldip Singh, JJ, to the extent they are not directly or by necessary implication inconsistent with judgments of Justices Jeevan Reddy and Agarwal, are part of the majority judgment and constitute the law of the land"


Mechanism as to lay down a floor test was made mandatory condition to test the stabilty of any state govt before getting it out of Power.


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