S.R. Bommai v Union of India

Supreme Court of IndiaAIR 1994 SC 1918

Bench: 9-judge bench: Verma J, Ramaswamy J, Pandian J, Jeevan Reddy J, Agrawal J, Sawant J, Kuldip Singh J, Mukherjee J, Ahmadi CJ

Presidential proclamation under Article 356 is subject to judicial review. The floor of the House (Legislature) is the proper forum to test the majority of a government, not the Governor's subjective satisfaction. Secularism is a basic feature of the Constitution — a state government that acts against secular values can be dismissed under Article 356. The Court cannot restore a dismissed government if the Lok Sabha has approved the proclamation, but can grant compensation.