LUCID MAINS CURRENT AFFAIRS 2018
- GOVERNOR’S ROLE IN KARNATAKA AND JAMMU & KASHMIR
INCIDENT IN KARNATAKA
- After election in Legislative Assembly, Governor called single largest party to make government. But did not had majority to form government.
- Whereas, not given a chance to post coalition party though it had majority to form government.
- SC ordered to take a floor test to the single largest party to prove their majority.
- Later post poll alliance formed government as single largest party did not have enough MLAs.
APPOINTMENT OF CHIEF MINISTER
- No procedure for appointment of CM in the Constitution.
- Article 164 says CM can be appointed by Governor.
- By convention, Governor appoint leader of majority party as CM.
- If no party has majority, the matter will be left to the discretion of Governor.
- But discretion of Governor has evolved over time.
GOVERNORS DISCRETION - CHANGES
- S R Bommai case judgment 1994 endorsed Sarkaria Commission Report of 1988.
- Recommended that in case of no pre poll alliance Governor should give first preference to largest single party.
- Post poll alliance is the last option.
- Thus, limited Governor’s discretion.
- In Rameswar Prasad case judgment in 2006
- SC ruled that “there is nothing wrong with post poll adjustments”.
- Later in States like Goa, Meghalaya and Manipur etc Court accepted post poll alliance forming government by having majority.
SIGNIFICANCE OF THE ISSUES
- High chance for Horse trading by buying and selling MLAs
- Will be catastrophic for democracy.
- Questions the effectiveness of Anti defection law and 10th
- Conforms that Governors cannot abuse the power in the name of discretionary power.
- Must be backed by number of MLAs and should be proved by floor test.
- In case of Hung Assembly, conducting election again is expensive and will not promise a sure solution as the result may be same after poll once again.
- Hence Post poll alliance forming a government would be a good solution.
- Rules must be clearly written and not be left to the discretion of Governor.
- Governor’s role must be to verify the letter of support in transparent and time bound manner.
- Governor’s decision also must have a set deadline from the time the results are announced.
- It’s time to bring the eligibility criteria for Governor post and clarity on the powers exercisable under ambiguous situations.
- Security of tenure should be given to ensure immunity from the pressure of the political powers.
- Punchhi Commission recommendations can be considered which include
- Make Governor’s office independent.
- Give guidelines for the qualifications for the post of Governor.
- Fixed tenure for Governor.
- Order of precedence for the political parties to be called for government formation.
- Anti defection law must be made tighter by abolishing Horse trading.
GOVERNORS RULE IN JAMMU AND KASHMIR
WHY TO FOCUS?
- Recently Governor’s rule has been imposed in Jammu and Kashmir following failure of government.
- In all other states failure of government leads to President Rule under Article 356 of Indian constitution.
- But in Jammu and Kashmir its Governor’s Rule.
WHY IS IT SO?
- Constitution of India grants special status to Jammu and Kashmir.
- It’s the only State to have a separate constitution.
- Under Article 370 Section 92 of the State Constitution, failure of constitutional mechanism in state cause Governor’s Rule for 6 months.
- Only after consent of the President.
WHAT IF GOVERNOR RULE IS IMPOSED?
- State Assembly is either kept suspended or dissolved.
- After 6month, if Governor Rule is not revoked, Jammu and Kashmir come under President Rule as per Article 356 of Indian Constitution.
- In both case Governor administer the State as per Centre’s direction.
- If Legislative Assembly is dissolved during Governor Rule or President Rule, election shall be held within 6 months.
- If Election Commission does not holds poll within 6 months from the date of dissolution, reason must be given.
- Difficult to maintain security situation with the absence of elected government and militancy on rise.
- It’s for the 8th time – Governor Rule is imposed in Jammu and Kashmir.
- Affect policy making and development aspects.
- Derail the morale of voters and their trust in the system.
- Governor must ensure the security of the State without most care.
- Governor must be assisted with best talented officers so that, will enable smooth functioning.
- Conduct election as early as possible.
- Restore the functions of Legislative Assembly.