KN

K N Chandana JahnaviAIR 50

Question Q.14GS2GS2

S.R. Bommai v. Union of India signified a paradigm shift in the judicial interpretation of the union's authority to assume control of a state's administration. In this context discuss the significance and impact of the judgement on cementing the federal structure.

Open scan (p.35)

Main Body

S.R. Bommai case has led to establishing JUDICIAL interpretation of IDEAL CENTRE-STATE relations by outlining FEDERALISM as part of BASIC STRUCTURE doctrine. The diagram shows: Role in Present rule declaration (Act 356 & 365): S.R BOMMAI CASE with Clarity on centre-led relations affecting Secularism as BASIC structure and Federalism on basic structure. In this context, COURT's shift came in the judgment of UNION's authority to declare

President rule in STATE and when it is LEGITIMATE: 1. It held Governeur on President satisfaction can be called into JUDICIAL review, example: Maharashtra governor in SC (2023). 2. It led to Court outlining when it is legitimate for President rule, example: in Bihar (2005) dissolving legislator with valid weightage. 3. It led to establishing Majority in ruling state government to file case on ORIGINAL jurisdiction under Article 131, example: Maharashtra-I line case. 4. It has limited measure of governor discretion for Article 256. Limited misuse of governor discretion for Article 256. Example: MANIPUR government not dismissed inspite of Tension under 356.

A central STATE government stability even with opposition parts eying at centre. Limited misuse of governor discretion for Article 256. Created JUDICIAL application on STATE's part for any transgress as CONTEMPT of court (A/C 129). IMPACT of Judgement: 1. Creation of glory STATES in BASIC federal structure. 2. Led to prioritising of dispute resolution. Example: In MANIPUR, Article 355 was used. Punchhi Commission recommended locused emergency. However major contention on Governor, state-religion legislations, taxation, inter-state disputes must be resolved with Cooperative federalism, as outlined by Firm Ministers.

— K N Chandana Jahnavi · AIR 50

255 words1 paragraphs

Conclusion

However major contention on Governor, state-religion legislations, taxation, inter-state disputes must be resolved with Cooperative federalism, as outlined by Firm Ministers.

21 words

Diagram

Diagram showing S.R. BOMMAI CASE as central node with branches for: Role in President rule declaration (Act 356, 365), Clarity on centre-led relations affecting Secularism as BASIC structure, and Federalism on basic structure

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Topper

K N Chandana Jahnavi

AIR 50

Subject & Paper

GS2GS2

Topic

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

Federalism

Center-State relations

Writing Stats

276

Total words

1

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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