Question Q.14GS2GS2

एस.आर. बोम्मई बनाम भारत संघ वाद में एक landmark judgement दिया गया जो कि संघ की authority को take control of state administration पर निर्भर करते हैं। इस context में discuss करें कि judgement का impact कितना significant है वर्तमान federal structure को cement करने में? (250 शब्दों में उत्तर दीजिए) 15 अंक "S.R. Bommai v. Union of India signified a paradigm shift in the extent of union's authority to take control of state's administration." In this context discuss the significance and impact of the judgement on cementing the federal structure. (Answer in 250 words) 15 marks.

Main Body

S.R. Bommai v Union of India was a landmark judgement & gave a paradigm shift in the extent of union's authority in take control of state administration.

Facts of Judgement

with Union Control => relation of cases and state

Basis Rule => Role (2) Governor, Basis doctrine

1PRESIDENTS RULE:-

St stated that Use dixit (without Reason) and without sufficient reason may impose Constitution breakdown => it's unconstitutionalized

(I.2) The efficacy of Conviction and reasonableness is under judicial review

(I.3) The wrongful way of imposing Union control: -

a) without forbidding automatic alliances in floor of legislative

b) No postal & post-hoc alliance is ready to form government

c) Constitutional breakdown

d) Parliament must accept President rule resolution => to suspend legislative of state

e) of state carries out and accular activities.

2Role of Governor:

a) Governor cannot precipitate full breakdown of State against all law and intentional discretion.

b) State against all law and institutional discretion.

c) without reasonable proof

(1.4) President rule can be imposed:-

a) in case of disassembly

b) No portal & post-poll alliance is ready to form government

c) Constitutional breakdown

d) Parliament must accept President rule resolution => to suspend legislature of state

e) of state carries out and accular activities.

2Role of Governor:-

a) Governor cannot precipitate full breakdown of State against all law and institutional discretion.

b) State against all law and institutional discretion.

c) without reasonable proof

(1.4) President rule can be imposed:-

a) in case of disassembly

b) No postal & post-poll alliance is ready to form government

c) Constitutional breakdown

d) Parliament must accept President rule resolution => to suspend legislature of state

e) of state carries out and accular activities.

b) malpractices of political vendetta cannot be cause

c) without reasonable proof

(1.4) Presidents rule can be imposed:-

a) in case of disassembly

b) No portal & post-poll alliance is ready to form government

c) Constitutional breakdown

d) Parliament must accept President rule resolution => to suspend legislature of state

e) of state carries out and accular activities.

2Role of Governor:-

a) Governor cannot precipitate full breakdown of State against all law and institutional discretion.

b) State against all law and institutional discretion.

c) without reasonable proof

3Basic Structure Doctrine:-

a) in a state that secularism & federalism are part of basic structure of constitution

b) Of needs, court can also undo Supervision of legislature outcome State administration => UNITED

4Relation of Union authority and state administration:-

(4.1) State are not "satellites"

(4.2) Federalism is NOT coexistence but necessity

(4.3) Thus the sui generis federalism cannot unilaterally takeover state power

(4.4) They are sovereign within their territory within contest of constitution.

— Eshani Anand · AIR 79

448 words14 paragraphs

Conclusion

Thus the sui generis federalism cannot unilaterally takeover state power. They are sovereign within their territory within contest of constitution.

20 words

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Topper

Eshani Anand

AIR 792023

Subject & Paper

GS2GS2

Topic

Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances

Federalism

President's Rule and judicial review in federal structure

Writing Stats

468

Total words

Paragraphs

analytical

Tone

Linked PYQ

Rajesh is a Group A officer with nine years of service. He is posted as Administrative Officer in an Oil Public Sector undertaking. As an Administrative Officer he is responsible for managing and coordinating various administrative tasks to ensure smooth functioning of office. He also manages office supplies, equipment etc. Rajesh is now sufficient senior and is expecting his next promotion in JAG (Junior Administrative Grade) in the next one or two years. He knows that promotion is based on examination of ACRs/Performance Appraisal of last few years (5 years or so) of an officer by a DPC (Departmental Promotion Committee) and an officer lacking requisite grading of ACRs may not be found fit for promotion. Consequences of losing promotion may entail financial and reputational loss and set- back for career progression. Though he also puts his best efforts in official discharge of his duties, yet he is unsure of assessment by his superior officer. He is now putting extra efforts so that he gets thumping report at the end of financial year. As Administrative Officer, Rajesh is regularly interacting with his immediate boss, who is his reporting officer for writing his ACR. One day he calls Rajesh and wants him to buy computer- related stationery on priority from a particular vendor. Rajesh instructs his office to initiate action for procuring these items. During the day, the dealing Assistant brings an estimate of Rupees Thirty Five Lakhs covering all stationery items from the same vendor. It is noticed that as per delegated financial powers, as provided in the GFR (General Financial Rules) as applicable in that Organisation, expenditure for office items exceeding Rupees Thirty Lakhs requires sanction of the next higher authority (boss in the present case). Rajesh knows that immediate superior would expect all these purchases should be done at his level and may not appreciate such lack of initiative on his part. During discussions with office, he learns that common practice of splitting of expenditure (where large order is divided into a series of smaller ones) is followed to avoid obtaining sanction from higher authority. This practice is against the rules and may come to the adverse notice of Audit. Rajesh is perturbed. He is unsure of taking decision in the matter. (a) What are the options available with Rajesh in the above situation ? (b) What are the ethical issues involved in this case ? (c) Which would be the most appropriate option for Rajesh and why ?

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