Rameshwar Prasad case
Also called: Rameshwar Prasad v. Union of India (2006) · Topic: Emergency Provisions and President's Rule · NCERT: Beyond NCERT
Meaning
Rameshwar Prasad v. Union of India (2006) was a five-judge Supreme Court judgment on the dissolution of the Bihar assembly in May 2005. The dissolution was based on Governor Buta Singh's reports of horse-trading, meaning MLAs being bought, to form a government. The Court held the dissolution unconstitutional and made in bad faith (mala fide). It also held that the Governor's personal immunity under Article 361 does not protect the Governor's action from court review.
Example
The Court did not restore the dissolved Bihar assembly because fresh elections were already under way. The case shows a limit of judicial review: a court can declare an action wrong but may not be able to undo its effects.
Don't confuse with
- S.R. Bommai case (1994): a nine-judge bench laid down the general rules on President's rule, such as the floor test (a vote in the assembly to check majority) and no dissolution before Parliament approves. Rameshwar Prasad applied judicial review to one particular dissolution.