The Governor's Role In The Hung Assembly

The Governor's Role In The Hung Assembly The Assembly Elections in Goa and Manipur produced an inconclusive verdict. As a result, there were Hung Assemblies. In Manipur, the BJP won 21 constituencies and the Congress won 28 constituencies out of 60 Constituencies. But BJP managed to form an alliance. In Goa, the BJP won 13 seats and the Congress won 17 seats out of 40 constituencies. Here also, BJP managed to form an alliance.  In Goa, the Congress Party protested at the Governor’s decision to invite the BJP to form the government. It triggered a debate about the role of the governor in government formation in the states. Especially, in the case of Hung Assembly, what are the constitutional provisions and what we need to know are explained below. History of such cases There are many such incidences in history where the political parties with fewer seats were invited to form the government by the governor. The BJP won 30 out of 81 seats in Jharkhand in 2005. The Jharkhand Mukti Morcha who won only 17 seats was invited to form the government. In Jammu and Kashmir 2002, the National Conference won 28 constituencies but the governor invited the Congress and PDP who won 21 and 15 constituencies. The BJP won 31 seats in Delhi in 2013, but the AAP who won 27 seats was invited to form the Government. There are other such incidences which took place in 1952 (Madras), 1967 (Rajasthan) and 1982 (Haryana). Role of the Governor in the government formation In 2006, President of India (then) Dr A P J Abdul Kalam while addressing the governors had emphasized the relevance of recommendations of the Sarkaria Commission and said “While there are many checks and balances provided by the Constitution, the office of the Governor has been bestowed with the independence to rise above day-to-day politics and override compulsions either emanating from the central system or the state system.” In the Rameshwar Prasad Vs Union of India, 2006, case, a five-judge Constitution Bench, clearly recommended the suggestions made by the R S Sarkaria Commission in its report on Centre-State relations, which had emphasized on the impartiality of Governors and their role in upholding the constitutional mandate. Later, the M M Punchhi Commission also elaborated that the governor should follow “constitutional conventions” in a case of a hung Assembly. Further, in a case of a Hung Assembly, the Punchhi Commission prescribed:
1. The party or alliances which get the widest support in the Legislative Assembly should be called upon to form the government.
2. If there is a pre-poll coalition or alliance, it should be treated as one political party. And in case, such coalition gets a majority, the leader of such alliances shall be called by the Governor to form the government.
3. In case no pre-poll coalition or party has a clear majority, the governor should select the Chief Minister in the order of priorities indicated here: (i) The group of parties which had a pre-poll alliance of the largest number. (ii) The largest single party which claims to form the government with the support of others; (iii) A post-electoral alliance with all partners joining the government; (iv) A post-electoral alliance where parties are joining the government and the remaining including independents are supporting the government from outside. In the Nabam Rebia and Bamang Felix Vs Deputy Speaker case a five-judge Bench, recommended the views of the Punchhi and Sarkaria Commissions regarding giving the Governor an independent discretion to take a call on the floor test when the government has lost the confidence of the legislature. In the S R Bommai case, a nine-judge Bench had underlined the significance of a floor test when there are claims by two political groups while laying down that the floor test must be conducted by the Governor as soon as possible. Constitutional Provisions In 1993, advocates on Record Association Vs Union of India, case which was a case in regards to weight of “constitutional convention”, a seven-judge bench, in Supreme Court, had held that “there is no distinction between the ‘constitutional law’ and an established ‘constitutional convention’ and both are binding in the field of their operation. The Supreme court also observed that “Once it is established to the satisfaction of the court that a particular convention exists and is operating then the convention becomes a part of the ‘constitutional law’ of the land and can be enforced in the like manner,”. Article 164(2) of the Constitution says that the Council of Ministers must be collectively responsible to the House. Similar Case in the Lok Sabha In Lok Sabha, the debate between a combination of parties constituting a majority versus the largest single party lacking majority was answered by the former President Shri KR Narayanan. Mr. Narayanan elaborated it in his communiqué in March 1998 when he invited Shri Atal Behari Vajpayee to form the Government. He had said “when no party or pre-election alliance of parties is in a clear majority, the Head of State has in India or elsewhere, given the first opportunity to the leader of the party or combination of parties that has won largest number of seats subject to the Prime Ministers so appointed obtaining majority support on the floor of the house within a stipulated time. This procedure is not, however, all time formula because situations can arise where MPs not belonging to the single largest party or combination can, as a collective entity, out-number the single largest claimant. The President’s choice of Prime Minister is pivoted on the would be Prime Minister’s claim of commanding majority support.” Conclusion In a democracy, the proper representation of public interest is of supreme importance. And the governments are chosen by the people. And, our constitution has clearly directed the ways how the government should be formed in the case of Hung Assembly. And it has given this prerogative to the Governors. So the governor should analyze which political party or alliance is forming the majority on the basis of constitutional provisions. And his decision should be followed by the political parties.