Join Our Telegram : Prelims Telegram Group

LUCID MAINS CURRENT AFFAIRS 2018

  1. 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.

WAY FORWARD

  • 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.

SIGNIFICANCE

  • 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.

WAY FORWARD

  • 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.