S.R. Bommai case (1994)
▪ The Supreme Court, in its judgment in S.R. Bom-mai case (1994), had held that the proclamation of President’s Rule could be reviewed by courts to en-sure it was not motivated by mala fide reasons.
Article 356
▪ Article 356 of the Consti-tution covers the circum-stances leading to the Pre-sident’s Rule in a
State. The President’s decision is based on a report given by the Governor about the fai-lure of the constitutional machinery of the State.
Article 200
▪ Article 200 deals with the Governor’s power to deal with State Bills placed before him for assent.
Election Commission of India (ECI)
▪ The ECI is a high constitutional body that is entrusted with the task of superintending, directing and controlling the preparation of electoral rolls and conducting elections to Parliament, State legislatures and to the offices of the President and the Vice President of India.
Article 324 and Election Commission Powers
▪ Article 324 grants the Election Commission of India (ECI) extensive powers to conduct free and fair elections, which forms part of the Constitution’s basic structure.
▪ The Supreme Court has recognized Article 324 as a “reservoir of powers” for the ECI to ensure electoral fairness, but it must operate within constitutional and legal bounds
▪ The ECI’s role is to prepare electoral rolls and conduct elections fairly, not to issue ultimatums to political leaders or engage in adversarial political discourse.
▪ When citizens report irregularities in electoral rolls, the ECI has a constitutional obligation to
examine these complaints and rectify system faults.
Electoral Roll Revision
▪ The Representation of People Act 1950 provides for electoral roll revision before elections or
annually, as directed by the ECI. Special revisions can be conducted in specific constituencies
with recorded reasons (Section 21).
▪ The Registration of Electors Rules 1960 allows for either summary or intensive revision methods (Rule 25).
RTE Act 2009
▪ Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the Parliament of India enacted on 4 August 2009 which came into force on 1 April 2010
▪ The Act makes education a fundamental right of every child between the ages of 6 and 14 and
specifies minimum norms in elementary schools. It requires all private schools to reserve 25% of seats to children (to be reimbursed by the state as part of the public-private partnership plan).
▪ Kids are admitted in to private schools based on economic status or caste based reservations.
▪ It also prohibits all unrecognised schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admission.
▪ The Act also provides that no child shall be held back, expelled, or required to pass a board
examination until the completion of elementary education.
▪ There is also a provision for special training of school drop-outs to bring them up to par with
students of the same age
