SHORT ANSWER:
The Supreme Court of India has interpreted the role of the Governor under Article 356 as being subject to judicial review and has laid down guidelines for its application.
DETAILS:
- The Supreme Court has emphasized that the Governor's recommendation for President's Rule must be based on objective criteria and not arbitrary.
- In the landmark case of S.R. Bommai vs. Union of India (1994), the Court ruled that the imposition of President's Rule is subject to judicial review.
- The Court stated that the Governor must provide a factual basis for the recommendation of President's Rule.
PUNISHMENT / IMPLICATIONS (if applicable):
- If the Governor acts arbitrarily, the imposition of President's Rule can be challenged in court.
SOURCE:
- Article 356 of the Constitution of India, S.R. Bommai vs. Union of India (1994)
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