Role of Governor in Government Formation
Posted on : 04 Feb 2020Views: 1034
- Governor of the state is empowered to call the party securing more than 50% mark of seats to form the government in the state after elections.
- Hung assembly is a situation when none of the parties after an election are able to secure the 50% majority mark of seats to form a government.
- The recent Maharashtra election of 2019 has again brought into limelight the role of Governor in the formation of government in the state.
- The Constitution envisages that the Governor acts 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).
- 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 i.e. discretionary power, subject, of course, to democratic norms.
- Supreme Court in the S.R. Bommai vs. Union of India case (1994) asserts the significance of a floor test as being the only relevant determinant of the strength of an alliance and the Governor has to invite the leader of the party commanding majority in the House or the single largest party/group.
- The Sarkaria Commission on inter-State relations has set order of precedence for the Governors to follow for calling out parties to form a government.
- An alliance formed prior to the election.
- The largest single party staking claim with the support of others, including independents.
- A post-electoral coalition, with all partners joining the government.
- A post-poll coalition, with some joining the government, and others extending support from outside.
- The Sarkaria Commission recommends that a person, who has been appointed Chief Minister without a clear majority, should seek a vote of confidence in the Assembly within 30 days.
Article Related Questions
Consider the following statements regarding the role of Governor in government formation in a state
1.The governor has discretionary power in identifying the candidate in a position to command a majority for government formation.
2.As per the S.R. Bommai vs. Union of India case (1994), floor test is the only relevant determinant of the strength of an alliance claiming to form a government.
Which of the above statements is/are correct?
3.Both 1 and 2
4.Neither 1 nor 2
Right Ans : Both 1 and 2