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In which of the following cases did the Supreme Court hold that “the federalism in India is not a matter of administrative convenience, but one of pri
Question

In which of the following cases did the Supreme Court hold that “the federalism in India is not a matter of administrative convenience, but one of principle”?

A.

S. R. Bommai v. Union of India (1994)

B.

Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007)

C.

Madras Bar Association v. Union of India (2014)

D.

State of West Bengal v. Committee for Protection of Democratic Rights (2010)

Correct option is A

The correct answer is: (a) S. R. Bommai v. Union of India (1994)

Explanation:

In the landmark case of S. R. Bommai v. Union of India (1994), a nine-judge bench of the Supreme Court of India deliberated on the scope of Article 356 (President's Rule). The Court held that federalism is a part of the "Basic Structure" of the Constitution. The bench famously observed that federalism in India is not a mere matter of administrative convenience but a fundamental principle of the Constitution. The Court emphasized that States have an independent constitutional existence and are not mere subordinates of the Union.

Information Booster:

  • Federalism as Basic Structure: This judgment firmly established that even though the Indian Constitution has strong unitary features, the federal character is an essential feature that cannot be abridged or destroyed by Parliament.
  • Article 356 Guidelines: The case is most famous for curbing the arbitrary dismissal of State Governments by the Center. It held that the power of the President to dismiss a State Government is not absolute and is subject to judicial review.
  • The Floor Test: The Court ruled that the majority of a Council of Ministers should be tested on the floor of the Assembly (Floor Test) and not based on the subjective opinion of the Governor or the President.

Additional Knowledge:

  • (Raja Ram Pal v. Hon’ble Speaker, Lok Sabha, 2007): This case dealt with the "Cash for Query" scandal. The Supreme Court upheld the power of the Houses of Parliament to expel their members for conduct unbecoming of a member, reinforcing the concept of parliamentary privileges.
  • (Madras Bar Association v. Union of India, 2014): This case focused on the independence of the judiciary and the "tribunalization" of justice. The Court struck down the National Tax Tribunal Act, holding that the legislature cannot transfer judicial functions from courts to tribunals in a way that compromises judicial independence.
  • (State of West Bengal v. Committee for Protection of Democratic Rights, 2010): This judgment established that the Supreme Court and High Courts have the power to direct the CBI (Central Bureau of Investigation) to investigate a crime in a State without the State's consent. The Court held that this power is necessary to protect the fundamental rights of citizens.

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