Supreme Court guidelines with regard to dissolution of a state assembly

In this regard the court has laid down the following guidelines:

  1. presidential proclamation dissolving a state legislative assembly is subject to judicial review;
  2. if a state government works against secularism, president’s rule can be imposed,
  3. no wholesale dismissal of opposition ruled state governments when a new political party assumes power at the centre;
  4. if president’s rule is imposed only on political considerations the court can even restore the assembly;
  5. imposition of president’s rule and dissolution of state assembly cannot  be done together
  6. state assembly can be dissolved only after parliament approves central rule;
  7. 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;
  8.  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.

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