{"title":"IMPOSITION OF PRESIDENT’S RULE – S. R. BOMMAI VS. UNION OF INDIA","authors":"Shubhangi Chand, Prakalpa S Iyengar","doi":"10.59126/v1i4a2","DOIUrl":null,"url":null,"abstract":"S. R. Bommai was Chief Minister of Karnataka from August 1988 to April 1989. He led the government of the Janatadal Party, which was dismissed on April 21, 1989, when the Presidential Regulations under Article 356, were enacted in Karnataka.1 It become an uncommon exercise till then to import Article 356 on states run through opposing parties, to the only in power. • In Bommai`s case, his authorities become overthrown on account that he had misplaced majority due to more than one defections (that had been politically influenced and grasp minded). • The CM proposed to the then Governor P Venkatasubbaiah that the meeting consultation be known as to check the energy of the authorities withinside the Parliament residence, however his proposal become disregarded and he become denied the possibility through the Governor. • The Governor additionally did now no longer check out the opportunities of forming an opportunity authorities, however alternatively said to the President that due to the fact Shri Bommai had misplaced the bulk withinside the residence and no different celebration become in a function to shape authorities, movement below Article 356 (1) must be taken. • In April 1989, the President issued a proclamation, which Bommai challenged withinside the Karnataka High Court. However, the High Court disregarded his writ petition on account that the proclamation issued below Article 356 (1) isn't completely immune from judicial scrutiny. The case become then heard through the Supreme Court of India, wherein it took almost five years to attain a selection.......","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"35 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.59126/v1i4a2","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
S. R. Bommai was Chief Minister of Karnataka from August 1988 to April 1989. He led the government of the Janatadal Party, which was dismissed on April 21, 1989, when the Presidential Regulations under Article 356, were enacted in Karnataka.1 It become an uncommon exercise till then to import Article 356 on states run through opposing parties, to the only in power. • In Bommai`s case, his authorities become overthrown on account that he had misplaced majority due to more than one defections (that had been politically influenced and grasp minded). • The CM proposed to the then Governor P Venkatasubbaiah that the meeting consultation be known as to check the energy of the authorities withinside the Parliament residence, however his proposal become disregarded and he become denied the possibility through the Governor. • The Governor additionally did now no longer check out the opportunities of forming an opportunity authorities, however alternatively said to the President that due to the fact Shri Bommai had misplaced the bulk withinside the residence and no different celebration become in a function to shape authorities, movement below Article 356 (1) must be taken. • In April 1989, the President issued a proclamation, which Bommai challenged withinside the Karnataka High Court. However, the High Court disregarded his writ petition on account that the proclamation issued below Article 356 (1) isn't completely immune from judicial scrutiny. The case become then heard through the Supreme Court of India, wherein it took almost five years to attain a selection.......
S. R. Bommai从1988年8月到1989年4月担任卡纳塔克邦首席部长。他领导的人民党政府于1989年4月21日解散,当时根据第356条制定的总统条例在卡纳塔克邦颁布。在那之前,通过反对党将第356条引入各邦成为一种不寻常的做法。•在Bommai的案例中,他的政府被推翻,原因是他由于不止一次的叛逃(受到政治影响和思想狭隘)而失去了多数。•首席部长向当时的总督P Venkatasubbaiah提议,会议协商被称为检查议会官邸内当局的能量,但他的提议被忽视,他被总督否认了这种可能性。•总督现在也不再检查组建机会当局的机会,而是对总统说,由于Shri Bommai将大部分放在住所内,并且没有不同的庆祝活动成为塑造当局的功能,必须采取第356(1)条以下的行动。•1989年4月,总统发布了一项公告,Bommai在卡纳塔克邦高等法院对此提出质疑。然而,高等法院驳回了他的请愿书,因为根据第356(1)条发布的公告并非完全免于司法审查。案件随后通过印度最高法院审理,其中花了近五年的时间才获得选择.......