SHORT ANSWER:
The Supreme Court has delivered several landmark judgments to safeguard against the arbitrary dismissal of elected state governments under Article 356.
DETAILS:
- The Supreme Court in the case of S.R. Bommai vs. Union of India (1994) ruled that the power under Article 356 is not absolute and can be judicially reviewed.
- The Court emphasized that the President must act on the advice of the Council of Ministers and that the dismissal of a state government must be based on concrete evidence of failure of constitutional machinery.
- The judgment established guidelines for the imposition of President's Rule, ensuring it is not misused for political gains.
PUNISHMENT / IMPLICATIONS (if applicable):
- If the dismissal is found to be arbitrary, the Supreme Court can restore the dismissed government and impose penalties on the officials involved.
SOURCE:
- Constitution of India, Article 356, S.R. Bommai vs. Union of India (1994)
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