The Hindu reports: The story so far: Not for the first time in recent years, there was a prolonged stalemate in Maharashtra over the formation of a government as no single party had a majority of its own after the Assembly election in October. It was not a wholly fractured verdict. A pre-poll alliance of the Bharatiya Janata Party (105 seats) and the Shiv Sena (56) had a clear majority (161 in the 288-seat Assembly, with 145 being the majority mark), but the Sena broke the alliance over unresolved issues related to sharing of power.
Even as a post-poll combination was being worked out, Maharashtra Governor Bhagat Singh Koshyari’s controversial decision to administer the oath to Devendra Fadnavis of the Bharatiya Janata Party (BJP) as Chief Minister and Ajit Pawar of the Nationalist Congress Party (NCP) as Deputy Chief Minister was taken to court by the Shiv Sena, the NCP and the Congress. After the Supreme Court of India ordered an early floor test, Ajit Pawar resigned. Fadnavis followed suit, admitting that he did not have the required majority.
Background
A new post-poll combination, between the Sena, NCP and the Congress and some independents, has now formed the government. The developments have brought under focus the role of the Governor in such circumstances. What should the Governor do if there is a hung Assembly?The Constitution envisages that the Governor act on the aid and advice of the Council of Ministers, except in those situations in which he is, by or under the Constitution, required to act in his discretion (Article 163).
Key facts
- After the Supreme Court of India ordered an early floor test, Ajit Pawar resigned.
- Fadnavis followed suit, admitting that he did not have the required majority.
- A new post-poll combination, between the Sena, NCP and the Congress and some independents, has now formed the government.
- The developments have brought under focus the role of the Governor in such circumstances.
- This is why one often sees the Governor of a State inviting leaders for discussions as part of efforts to explore the possibility of forming a government.
What this means
It is clear that in identifying a candidate who, in his opinion, is in a position to command a majority, the Governor has to make his own decision, subject, of course, to democratic norms. This is why one often sees the Governor of a State inviting leaders for discussions as part of efforts to explore the possibility of forming a government. When the Governor appoints the Chief Minister in this way, it is accompanied by a stipulation that the appointee prove his or her majority within a specified time on the floor of the House.Is there a preferred order for this process?The Governor may invite the leader of the largest single party first.
However, if it is clear that the largest single party has no potential ally or enough independent members to ensure a majority, he may also invite the leader of the largest pre-poll combination or alliance.If there is no combination or alliance, he may invite leaders one by one in the order of their size in the new Assembly. During this process, a post-poll combination may emerge, if any one of them agrees to form a government. The Governor may insist on letters of support from those outside the leader’s party who are willing to join or extend support to him.Is there any guidance to the Governor on this?The Sarkaria Commission on inter-State relations has dealt with this question.
Originally reported by The Hindu. This story has been edited and re-presented by BRIC Team.
