Consider the following statements regarding Article 356 of the Constitution:
Failure of Constitutional Machinery in States is an objective reality.
A Proclamation under this Article can be reviewed by Supreme Court.
Along with this Proclamation, State Legislative Assembly can be dissolved.
This Proclamation has to be approved by each House of Parliament within two months.
Which of the statement/s given above is/are correct?
Correct Answer:
(A)
(i), (ii), and (iv) only
In the case of S.R. Bommai Vs. Union of India, 1994, the Supreme Court held that judicial review can be done of the Proclamation of Emergency under Article 356 and the State Legislative Assembly cannot be dissolved with Proclamation until it is approved of by both Houses of the Parliament within two months. The Court further determined that the failure of the Constitutional machinery should be in real not fictitious.