Aryan Birewar, Symbiosis Law School, Pune
STATEMENT OF FACTS
1. In 1988, Janata Party was in power in the State Legislature of Karnataka, under the Chief Ministership of S.R. Bommai. In the month of September, an alliance took place between J.P. and Lok Dal, to form the Janata Dal. A legislator from Janata Dal defected and submitted a letter to Shri. Venkatasubbaiah, the then Governor of Karnataka, containing signatures of nineteen legislators, pulling back support from the S.R. Bommai led government.
2. The governor, in his 19th April 1989 report, recommended the President to proclaim President’s Rule in Karnataka. The next day, however, 7 out of the 19 legislators, claimed that their signatures were obtained by misrepresentation. This claim was taken by up S.R. Bommai and his law minister with the Governor. They proposed that they are ready to prove the majority of their party in the assembly. However, on 20th April 1989, the Governor yet again wrote to the President, confirming imposition of President’s Rule, as per his former report. The President imposed Article 356(1) and proclaimed state emergency in Karnataka on the same day. A week later, on 26th April 1989, a writ petition was filed in the Karnataka HC, contesting the validity of declaring President’s Rule in Karnataka under Article 356(1). However, the petition was dismissed by the special 3-judge bench of Karnataka HC. In Meghalaya, an assembly session dated 8th October 1991, resulted in election of new speaker, and carrying of the motion of no-confidence. The CM moved the HC against the Governor, on a 9th October letter asking for the former’s resignation. On 11th October, the President proclaimed Article 356, however, a day later it was followed by a Court Order setting aside the same. However, the Parliament contrary to the Court Order approved the Presidential Proclamation.
3. In a similar sequence of events, in October 1991, the President dissolved the State Assembly, by proclaiming Article 356(1), on the recommendation of Governor’s report stating constitutional breakdown in the state. A year later, same events followed in the states of Madhya Pradesh1, Rajasthan and Himachal Pradesh. Owing to the Babri Masjid Demolition in 1992, the Central Government led by P.V. Narasimha Rao, dismissed the BJP-ruled state governments of MP, Rajasthan, and HP. On 15th December 1992, the President proclaimed President’s rule under Article 356(1), and dissolving the three state assemblies. All proclamations were challenged through Writ Petitions in their respective High Courts.
4. The petitions were together heard by the Supreme Court in the present case from December 1993 onwards.
