S.R. Bommai v. Union of India
(1994) 3 SCC 1 · Supreme Court of India
A Proclamation under Article 356 is justiciable; floor tests, not Governor's reports alone, determine whether a ministry commands confidence.
Unit V · Constitutional Law – II
Emergency provisions: Articles 352–360
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Constitution of India | 352 | Proclamation of Emergency |
| Constitution of India | 356 | Provisions in case of failure of constitutional machinery in States |
| Constitution of India | 358–359 | Suspension of provisions of Article 19 and of the enforcement of rights |
| Constitution of India | 360 | Provisions as to financial emergency |
Landmark cases
A.D.M., Jabalpur v. Shivkant Shukla
AIR 1976 SC 1207 · Supreme Court of India
The majority held that during an Emergency the right to move a court for enforcement of Article 21 could be suspended; the decision stands discredited and was undone by later amendments and precedent.