Governor's Role in Government Formation: Constitutional Provisions and Discretionary Powers
This explainer details the constitutional provisions and conventions governing the Governor's role in government formation, particularly in hung assemblies. It discusses the discretionary powers, the recommendations of various commissions (Sarkaria, Venkatachaliah, Punchhi), and concerns regarding the conduct of Governors. The article emphasizes the need to uphold constitutional propriety and democratic norms, especially regarding the invitation of the single largest party or pre-poll alliances and the floor test for proving majority, which is considered the ultimate test for a government's confidence.
Key Points
- Article 164(1) states the Chief Minister is appointed by the Governor, and other ministers are appointed on the CM's advice.
- The Governor's discretionary powers are limited, primarily for identifying the person most likely to command the House's confidence.
- Commissions like Sarkaria, Venkatachaliah, and Punchhi recommend prioritizing pre-poll alliances and then the single largest party for government formation.
- The Supreme Court has repeatedly affirmed that the "floor of the House" is the only constitutional forum to test the government's majority.
- Recent conduct of Governors in hung assemblies has raised concerns about partisan actions, undermining federal structure and democratic norms.
Exam Facts
- Article 164(1) of the Indian Constitution deals with the appointment of the Chief Minister and other ministers.
- The Sarkaria Commission (1988), Venkatachaliah Commission (2002), and Punchhi Commission (2010) provided guidelines for the Governor's role.
- Landmark Supreme Court judgments include S.R. Bommai (1994) and Rameshwar Prasad (2006) on gubernatorial discretion.
- The "floor of the House" is the ultimate test for proving majority, as reiterated by the Supreme Court.
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