Governor's crucial role in a Hung Assembly: Constitutional provisions and precedents
The article discusses the Governor's critical role when no single party secures a clear majority in state elections, leading to a hung assembly. The Governor, as the constitutional head, invites the largest party or pre-poll alliance to form the government, but discretion is involved. Precedents and Supreme Court judgments emphasize that the Governor must act judiciously, ensuring stability and adhering to constitutional propriety. Key issues include the timing of inviting parties, the floor test, and the formation of post-poll alliances. The Sarkaria Commission and the Punchhi Commission have provided recommendations to guide the Governor's actions in such scenarios, stressing the need for transparency and fairness.
Key Points
- In a hung assembly, the Governor's role is crucial in inviting parties to form a government.
- The Governor's discretion must be exercised judiciously, guided by constitutional provisions and precedents.
- The largest single party or pre-poll alliance is usually invited first, but post-poll alliances can also be considered.
- A floor test is essential to prove majority support, ensuring the government's legitimacy.
- Recommendations from commissions like Sarkaria and Punchhi provide guidelines for the Governor's actions.
Exam Facts
- Article 164(1) of the Constitution states the Chief Minister shall be appointed by the Governor.
- The Sarkaria Commission (1988) recommended inviting a pre-poll alliance first.
- The Punchhi Commission (2010) also provided recommendations on Governor's role.
- The S.R. Bommai judgment (1994) by the Supreme Court emphasized the floor test as the ultimate test of majority.
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