What guidelines have been laid down by the Supreme Court in regard to dissolution of a state assembly?

In this regard the court has laid down the following guidelines (a) presidential proclamation dissolving a state legislative assembly is subject to judicial review; (b) if a state government works against secularism, president’s rule can be imposed, (c) no wholesale dismissal of opposition ruled state governments when a new political party assumes power at the centre; (d) if president’s rule is imposed only on political considerations the court can even restore the assembly; (e) imposition of president’s rule and dissolution of state assembly cannot  be done together (f) state assembly can be dissolved only after parliament approves central rule; (g) the Supreme court or a high court can compel the union government to disclose material on whose basis president’s rule is imposed on a state; (h) the power of the president under Article 356 is a constitutional  power , it is not an absolute power. The existence of material is a pre-condition to form the satisfaction to impose the president’s rule.


Leave a Reply