GK Question

polity hard true_false

In SR Bommai v. Union of India (1994), the Supreme Court held that the Governor's report recommending President's Rule is not final and can be examined by courts for objective material, procedural compliance, and constitutional principles compliance.

  1. True
  2. False

Answer: True

Judicial review of Governor's report: (a) Context: Challenge to President's Rule imposition based on Governor's reports in multiple States, (b) Supreme Court holding: (i) Governor's report not final; subject to judicial review, (ii) Courts can examine: (a) Whether report based on objective material, not subjective opinion, (b) Procedural compliance (e.g., floor test conducted), (c) Constitutional principles compliance (e.g., secularism, democracy), (iii) Courts cannot re-appreciate material, substitute judicial wisdom for Presidential satisfaction, (c) Applications: (i) Rameshwar Prasad (2006): Struck down Bihar Assembly dissolution based on unverified media reports, political considerations, (ii) Recent Governor cases (2022-2024): Reiterated objective standards, judicial review scope, (d) Rationale: (i) Constitutional supremacy: Governor's report subject to constitutional limits, judicial oversight, (ii) Federal balance: Protects State autonomy against arbitrary Centre overreach via gubernatorial discretion, (iii) Democratic legitimacy: Ensures Article 356 used for genuine constitutional breakdown, not political ends, (e) Illustrates constitutional federalism: Judicial review of Governor's report protects State autonomy; courts ensure constitutional compliance without usurping executive discretion.

Topic Article 356 - Governor's Report and Judicial Review
Exam Relevance Governor's report judicial review critical for UPSC Mains and Judiciary exams