Case Name : SR Bommai and Ors vs Union of India and Ors Case Reference: (1994) 2 SCR 644 : (1994) 3 SCC 1 Neutral Citation: Case Number: Court: Supreme Court Bench: 09 Coram: S Ratnavel Pandian, AM Ahmadi, Kuldip Singh, JS Verma, PB Sawant, K Ramaswamy, SC Agrawal, Yogeshwar Dayal, BP Jeevan Reddy Date: 11.03.1994
Satisfaction of President - Emergencyincomplete There must be objective material (Page 718, 719) Governor’s report is necessary The material must indicate that the Government cannot be carried-on in accordance with the provisions of the Constitution Proclamation open to Judicial review The satisfaction must be a legitimate inference drawn on the material placed before him (Page 730, 731)
Court can restore the Council of Minister and Legislative Assembly (Page 755); court cannot be made powerless to give relief (restoration of council as final relief; injunction on fresh election as interim relief) (Pages 757, 758)
Floor test is mandatory; when it is not possible, Governor has to give reasons in writing (Page 762)
Meaning of federalism, secularism
– Refer also:
Judgment name
See also: Constitution, Article 355 Constitution, Article 357
PDF: SR Bommai vs UOI, (1994) 2 SCR 644.pdf
PDF-SCC: SR Bommai vs UOI, (1994) 3 SCC 1.pdf