Supreme Court guidelines with regard to dissolution of a state assembly
In this regard the court has laid down the following guidelines:
- presidential proclamation dissolving a state legislative assembly is subject to judicial review;
- if a state government works against secularism, president’s rule can be imposed,
- no wholesale dismissal of opposition ruled state governments when a new political party assumes power at the centre;
- if president’s rule is imposed only on political considerations the court can even restore the assembly;
- imposition of president’s rule and dissolution of state assembly cannot be done together
- state assembly can be dissolved only after parliament approves central rule;
- 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;
- 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.