SUPREME COURT of INDIA Page 1 of 224

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 224 CASE NO.: Appeal (civil) 3645 of 1989 PETITIONER: S.R. BOMMAI RESPONDENT: UNION OF INDIA DATE OF JUDGMENT: 11/03/1994 BENCH: S. Ratnavel Pandian & A.M. Ahmadi & Kuldip Singh & J.S.Verma & P.B. Sawant & K. Ramaswamy & S.C. Agrawal & Yogeshwar Dayal & B.P. Jeevan Reddy JUDGMENT: JUDGMENT Delivered by S.R. PANDIAN J, K. RAMASWAMY J, JAGDISH SARAN VERMA J, P.B.SAWANT J, A.M. AHMADI J 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 under Article 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 http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 224 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. 66 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 under Article 356(1) of the Constitution and under Section 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 to Article 356(1) and on 13 occasions the President's Rule have been imposed in Union Territories including erstwhile Union Territories which have become States under Section 51 of the Government of Union Territories Act, 1963. All total up to 95 times, of which on 23 occasions the assemblies were dissolved on the advice of the Chief Ministers/or due to their resignations. It may be recalled that on 18 occasions the assemblies suspended were subsequently revived. The above statistics does not include the Proclamations which are presently under challenge before us. We may hasten to add that the Proclamations were made on different occasions on the advice of the Council of Ministers of the Central Government belonging to different political complexions. Some of the States, dissolved valiantly fought, honorably bled and pathetically lost their legal battle. 8. Since my learned brothers have elaborately dealt with the constitutional provisions relating to the issue of the Proclamation and as I am in agreement with the reasoning http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 224 given by B.P. Jeevan Reddy, J., it is not necessary for me to make further discussion on this matter except saying that I am of the firm opinion that the power under Article 356 should be used very sparingly and only when President is fully satisfied that a situation has arisen where the Government of the State cannot be carried on in accordance with the provisions of the Constitution. Otherwise, the frequent use of this power and its exercise are likely to disturb the constitutional balance. Further if the Proclamation is freely made, then the Chief Minister of every State who has to discharge his constitutional functions will be in perpetual fear of the axe of Proclamation falling on him because he will not be sure whether he will remain in power or not and consequently he has to stand up every 67 time from his seat without properly discharging his constitutional obligations and achieving the desired target in the interest of the State. 9. All the matters are disposed of accordingly with no order as to costs. ============================================================================================ ==================================== AHMADI, J. I have had the advantage of perusing the views expressed by my esteemed colleagues P.B.Sawant, K.Ramaswamy and B.P. Jeevan Reddy, JJ. and while I am largely in agreement with the 'conclusions' recorded by K.Ramaswamy, J., I would like to briefly indicate the area of my agreement. 11. In a country geographically vast, inhabited by over 850 million people belonging to different religions, castes and creeds, majority of them living in villages under different social orders and in abject poverty, with a constant tug of war between the organised and the unorganised sectors, It is not Surprising that problems crop up time and again requiring strong and at times drastic State action to preserve the unity and integrity of the country. Notwithstanding- these problems arising from time to time on account of class conflicts, religious intolerance and socioeconomic imbalances, the fact remains that India has a reasonably stable democracy. The resilience of our Republic to face these challenges one after another has proved the peoples' faith in the political philosophy of socialism, secularism and democracy enshrined in the Preamble of our Constitution. Yet, the fact remains that the nation has had from time to time with increasing frequency to combat upheavals occasioned on account of militancy, communal and class conflicts, politico-religious turmoils, strikes, bandhs and the like occurring in one corner of the country or the other, at times assuming ugly proportions. We are a crisis-laden country; crisis situations created by both external and internal forces necessitating drastic State action to preserve the security, unity and integrity of the country. To deal with such extraordinarily difficult situations exercise of emergency powers becomes an imperative. Such emergency powers existed under the Government of India Act, 1935, vide Sections 93 and 45 of that enactment. However, when similar powers were sought to be conferred on the President of India by the Constitution, there, was a strong opposition from many members of the Constituent Assembly, vide Constituent Assembly Debates on draft Articles 277 and 277-A. Dr Ambedkar pacified the members by stating : http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 224 "In fact I share the sentiments expressed ... that the proper thing we ought to expect is that such articles will never be called into operation and that they would remain a dead letter. If at all, they are brought into operation, I hope the President, who is endowed with all these powers, will take proper precautions before actually Suspending the administration of the provinces. I hope the first thing he 'will do would be to issue a mere warning to a province that has erred, that things were not happening in the way in which they were intended to happen in the Constitution." (Constituent Assembly Debates, Vol.

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