In S. R. Bommai v. Union of India, AIR 1994 SC 1918, the Supreme Court…

Question

In S. R. Bommai v. Union of India, AIR 1994 SC 1918, the Supreme Court held that a Proclamation under Article 356:

Accepted Answer

C. is subject to judicial review on grounds of mala fides, illegality, lack of material; the Council can be revived

1. S. R. Bommai (1994) authoritatively settled that the proclamation of Emergency under Article 356 is subject to judicial review on grounds of mala fides, want of objective material, and constitutional violation.
2. The Court held that the Council of Ministers can be revived if the proclamation is set aside.
3. The 'objective material' standard ended the earlier view (Rajasthan v. UoI, 1977) treating it as essentially a political question.
4. The proclamation must be approved by Parliament under Article 356(3) within two months.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., S. R. Bommai v. Union of India, AIR 1994 SC 1918_

Answer

is non-justiciable, being purely a political question outside the scope of judicial review

Answer

may be issued even without objective material, on the President's subjective satisfaction alone

Answer

automatically expires after thirty days unless extended by the State Legislative Assembly