• info@pslaw.in

  • +91-11 2331 2993

The facts of the cases were as follows :

1. The situation in Karnataka in 1989 April was clogged and led to state emergency u/art 356(1). This proclamation was thereafter confirmed by the Parliament.
2. The situation which led to state emergency was that S.R.Bommai a personal of Janta Party formed the government in 1988, but subsequently joined the Lok Dal forming a collision government as Janta Dal.
3. But soon there were bifurcations amongst the party members leading to fall of the Government.
4. Therefore the President had to proclaim emergency.
5. This proclamation was challenged through Writ Petition but the High Court dismissed the Petition. Hence appeal to Supreme Court.

Judgement :


The Proclamation of emergency u/art 356 is subject to Judicial Review. The relevancy and the need of such proclamation shall be struck down by the concerned court if found malafide.
1. The Power of President under 356 is subject to restrictions. The opinion is formed is based on the report of the Governor and not sole satisfaction.
2. The Supreme Court can struck down the proclamation even if both the houses of Parliament passes the same on Malafide grounds.