Abrogation of Article 370?

By iastoppers.com

How Supreme Court Justified

Supreme Court's recent decision to uphold the abrogation of Article 370 draws heavily on its landmark 1994 judgment in the SR Bommai v Union of India case

SR Bommai case, a cornerstone in Indian constitutional law, dealt with Article 356 and the contours of proclaiming President’s rule in states

In the 1989 political turmoil, the Congress-led central government dismissed Karnataka's Janata Dal government, sparking a legal and constitutional debate

The dismissal, based on controversial decisions by the Karnataka Governor, led SR Bommai to challenge the imposition of President’s rule in court

Supreme Court’s verdict in Bommai's case set a precedent, allowing judicial review of the President’s rule on grounds of illegality or malafide actions

This ruling also emphasized the necessity of Parliamentary approval for imposing President’s rule, safeguarding democratic processes

Bommai verdict underlined the importance of balanced centre-state relations, asserting that states aren't mere appendages of the Centre

This landmark ruling reduced the frequency of President’s rule impositions, shaping a new era in the Indian political landscape

In the context of Jammu & Kashmir, the Supreme Court applied the Bommai standards to validate the President's actions regarding Article 370

The Court's reliance on the Bommai ruling in the Article 370 case reaffirms its significance in shaping India's constitutional jurisprudence