Jump to ContentJump to Main Navigation
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
Users without a subscription are not able to see the full content.

A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 20 July 2019

The President and the Bommai Case 1

The President and the Bommai Case 1

(p.265) 43 The President and the Bommai Case1

A.G. Noorani

Oxford University Press

This chapter reports the implications of the rulings in the Bommai case. In 1975, Prime Minister Indira Gandhi asked President Fakhruddin Ali Ahmed to sign a proclamation of emergency under Article 352 on the fraudulent ground that India's security was threatened by 'internal disturbance'. Article 74(I), which said that the president had to act as per the advise of a council of ministers with the prime minister at the head, was amended during the emergency by the 42nd Amendment. The logic was accepted by the Janata Party government which had attacked Fakhruddin Ali Ahmed for signing the proclamation of emergency. That is why the 44th Amendment to the Constitution which it sponsored, made no change in Article 74(I) except, adding a promise that the president may require the council of ministers to reconsider their advice. The president was however bound to 'act in accordance with the advice tendered after reconsideration'. R. Venkataraman earned a deserved stricture from the Supreme Court in 1994 in the Bommai case in relation to the proclamation of 21 April 1989 imposing president's rule in Karnataka. No government of India can act as arbitrarily as was the case with governments in the past.

Keywords:   Fakhruddin Ali Ahmed, Article 74(I), 44th Amendment, Bommai case, rulings, R. Venkataraman, Supreme Court, Karnataka

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .