The SC laid down certain guidelines so as to prevent the misuse of A356 of the constitution in the S...........

Indian Polity Emergency

The SC laid down certain guidelines so as to prevent the misuse of A356 of the constitution in the S. R. Bommai v. Union of India judgment. As per the guidelines

1) If there is improper use of A356 then the court will provide remedy.

2) It can be imposed even when there is a breakdown of administrative machinery in the state.

3) The court can question the advice tendered by the CoMs to the President in this situation.

Select the Solution using the codes below.

1 only

2 and 3 only

1 and 3 only

1 and 2 only

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Explanation:

As per the SC the majority enjoyed by the Council of Ministers shall be tested on the floor of the House. Centre should give a warning to the state and a time period of one week to reply. The court cannot question the advice tendered by the CoMs to the President but it can question the material behind the satisfaction of the President. Hence, Judicial Review will involve three questions only:

Is there any material behind the proclamation is the material relevant.
Was there any mala fide use of power.
If there is improper use of A356 then the court will provide remedy.

Under Article 356(3) it is the limitation on the powers of the President. Hence, the president shall not take any irreversible action until the proclamation is approved by the Parliament i.e. he shall not dissolve the assembly. Article 356 is justified only when there is a breakdown of constitutional machinery and not administrative machinery. Article

356 shall be used sparingly by the centre, otherwise it is likely to destroy the constitutional structure between the centre and the states.