Document Fragment View

Matching Fragments

92. The concept of hung-Parliament as known in common parlance is when no political party returns in majority after general elections as electors do not choose to send a single party with absolute majority. The political scenario at the time of independence in 1947 and even thereater in first general elections in 1951 was quite different than the present one as at that time the only goal before the political parties was to get rid of British Empire but after the general elections of 1967 the scene of Indian Polity stood drastically changed on account of regionalism, casteism and many other considerations with the result small groups of political parties emerged and therefore, since 1967 the concept of coalition Government came into existence and since then the responsibility of the Governor, who is also a constituent part of the Legislature of the State and is the Executive Head of the State and as such is eye and ear of the Central Government and plays vital role in formation of the Governments under Article 164 of the Constitution of India and reports on all aspects of State affairs to the Central Government and thus makes functional the federal system of governance; has become greater in exercise of his prerogative conferred by Article 164 of the constitution in choosing the Chief Minister having majority in the House with the support of other political parties or groups so as to provide a stable Government for 5 years. At such junctures the Governor has to exercise his political wisdom acquired from experience.

116. Similarly, quoting Sarkaria Commission Report in. S. R. Bommai's case (supra) it is pointed out that in such circumstances by adopting one of the method in appointing Chief Minister, the Chief Minister should be chosen or elected by Legislative Assembly, which is reproduced below :

"4.11.01. The leader of the party, which has an absolute majority in the legislative assembly should invariably be called upon by the Governor to form a Government. This is a time honoured convention of a cabinet form of Government. There is no controversy in this regard. However, where no party has a clear majority, there are two views as to the procedure to be adopted for identifying the person who can form a Government. According to some State Governments, the leader of the single largest party should be given the opportunity. According to some others, the Governor, acting on his own, should summon the Assembly for electing a person to be the Chief Minister. Certain other State Governments have suggested that the person to be appointed as Chief Minister should be chosen or elected by the Legislative Assembly, even if he is the leader of the party which has secured absolute majority. Some of the State Governments consider the Governor should try to ensure that the Government to be formed will be stable.

126. Now again reverting to the appointment of Chief Minister in this very context, it may be stated that the Chief Minister has to be appointed by the Governor alone. It is neither for the people nor for the Legislative Assembly i. e. representatives of the people to elect the Chief Minister, Of course, it is that the Chief Minister will have to prove his majority at the floor of the Assembly, It is also not. that the person has to first prove his majority then he has to be appointed as Chief Minister. The appointment is first and the proving of majority is subsequent. The appointment may be made in the Governor House but the majority has to be proved in the floor of the House. But it is not, that the appointment is first and satisfaction of the Governor is subsequent. First the Governor has to be satisfied and then he has to appoint. Now it has to be seen as to what should be the extent of satisfaction. It has to be less than the floor test because the floor test is the stage subsequent to appointment. Therefore, the Governor may ascertain the wishes of the members of the House in the precincts of the House if majority is absolutely not clear.

4.11.03. In choosing a Chief Minister, the Governor should be guided by the following principles, viz.-
(i) The party or combination of parties which commands the widest support in the Legislative Assembly should be called upon to form the Government.
(ii) The Governor's task is to see that a Government is formed and not to try to form a Government which will pursue policies which he approves.

Thus, if there is a single patty having an absolute majority in the Assembly, the loader of the party should automatically be asked to become the Chief Minister.