Current Public Administration Magazine (March - 2017) - Sarkaria Commission on Governor’s options

Sample Material of Current Public Administration Magazine

Administrative Report

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 government?

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.

Get this magazine (Current Public Administration) free if you purchase our any of the below courses:

Public Administration Online Coaching / Study Kit

<< Go Back to Main Page