Sample Material of Current Public Administration Magazine
Sarkaria Commission on Governor’s options
The Sarkaria Commission report spelled them out.
The legal challenge of the Congress in the Supreme Court
against the BJP’s claim to form the government in Goa brings to fore a vacuum in
the Constitution. In the case of a hung legislature, is the Governor bound to
follow the constitutional convention to call upon the single largest party to
form the government and prove its majority in the House? Or, as the court
endorsed on Wednesday, can a political rival cobble together a post-poll
alliance to form a majority that overcomes the single largest party and form the
The Manohar Parrikar government came to power on a
first-come-first-appointed basis despite the fact that the BJP came second in
the Assembly elections. The Governor did not consult the single largest party,
the Congress, before giving Mr. Parrikar the green signal.
The SC, in turn, said the Congress did wrong by not staking
its claim to form the government. It had shown no proof to the Governor that it
had the requisite numbers to prove a majority in the House. The debacle exposes
the fact that there are no specific guidelines in the Constitution on who the
Governor should invite to form a government in a State where rival parties with
narrow majorities engage in a face-off.
The constitutional convention of inviting the single largest
party in the case of a fractured mandate has been outlined by the Sarkaria
Commission recommendations, which were affirmed by a Constitution Bench of the
SC inRameshwar Prasad v Union of India in 2005.
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